The Dutch FDI screening regime covers, inter alia, acquisition activities involving investments in, or mergers with, undertakings active in the field of “sensitive technology”. The Decree on the scope of sensitive technology (Besluit toepassingsbereik sensitieve technologie) sets out which technologies fall within that scope. At present, this includes quantum technology, photonics technology, semiconductor technology, and high-assurance technology, all of which are also designated as “highly sensitive”. In December 2024, the Dutch government proposed to expand these categories, to expand these categories, but the proposed expansion had yet to enter into effect and the timing of the amendment remained unclear.

On 8 June 2026, the government announced that the expansion will take effect as of 1 January 2027. Six additional technology categories that fall within the scope:

  1. advanced materials
  2. artificial intelligence
  3. biotechnology
  4. nanotechnology
  5. sensor and navigation technology
  6. nuclear technology for medical use.

Consistent with the technology categories currently within scope, these new categories will also be designated as “highly sensitive”. As a result, a notification requirement will arise already at the acquisition of a 10% stake or the right to appoint a director. These additional categories will not apply retroactively to transactions completed prior to 1 January 2027.

Background

In the draft explanatory memorandum to this amendment, it is stated that new (technological) developments and their relevance to national security are continuously monitored. It is noted that emerging technologies, such as artificial intelligence, biotechnology and next-generation materials technology, are playing an increasingly significant role in economic value creation and in addressing societal challenges. As a result, the current period is characterised by a technological race among various actors to gain and maintain access to such critical technologies.

The (potential) capabilities of certain emerging technologies may be of such a nature and significance that they can directly affect the national security of the Netherlands. This is due both to their essential role in the development of domestic defence capabilities and to the risks that may arise if such technologies fall into the wrong hands. For example, new technologies could be used against the Netherlands, including in hostile weapons systems, or could create risky strategic dependencies where the Dutch economy becomes reliant on a single supplier for a specific technology.

Furthermore, account has been taken of the revision of the EU FDI Regulation, on which the Council also signed off on 8 June. Please refer to our earlier update on the revision of the EU FDI Regulation.

Scope

The draft decision and accompanying draft explanatory memorandum also provide further insight into the scope of each category.

Advanced materials

Advanced materials technology concerns the development of materials with new or improved properties, enabling enhanced performance compared to conventional materials. These improvements may relate to weight, size, strength, flexibility, or energy-related functions such as generation, conversion, storage, or transfer.

This field includes technologies for the development and production of materials that enable energy storage, transport, or conversion for applications such as renewable energy, energy storage and energy efficiency. It also covers two-dimensional (2D) materials technologies, which allow optical, electronic, magnetic or acoustic properties to be deliberately controlled. These materials, consisting of one or two atomic layers, may be naturally occurring or synthetic and include techniques such as stacking 2D crystals to alter charge distribution or structure, as well as combining different 2D materials to create precisely tuned properties. In addition, high-entropy alloys are included, defined as alloys containing at least five elements in near-equal atomic concentrations, resulting in complex microstructures that improve stability, corrosion resistance, entropy characteristics or diffusion behaviour.

Artificial Intelligence

This category covers AI technologies as defined in Annex I of the (revised) EU FDI Regulation.

In addition, to the extent not already covered, it includes AI systems designed for the identification of persons, groups or objects, or for impersonation, based on the analysis of image, speech or biometric data. Such systems are used for recognising individuals or groups, evaluating speech communication, performing remote biometric identification, or generating and detecting deepfakes that imitate individuals or simulate realistic environments.

It further includes AI systems that rely on geographical data and information from networked sensors, such as GPS, WiFi, cameras or mobile networks. These systems are used to analyse movement, location, traffic or events for tracking purposes, or to assess individuals on security-related criteria, including screening for security risks.

Biotechnology

Biotechnology involves the application of science and technology to living organisms or their components in order to analyse or modify materials for the production of knowledge, goods or services.

The designated sub-technologies include synthetic cell technology for the artificial creation of living cells, stem cell technology for the cultivation and manipulation of stem cells, gene editing for introducing targeted changes into DNA sequences, and genomics for understanding how genetic traits influence cellular and organismal functioning.

Nanotechnology

Nanotechnology involves the controlled manipulation of matter at a scale of 1 to 100 nanometres, enabling significant miniaturisation of materials, components and systems.

This includes technologies for the development of programmable nanomaterials, often referred to as smart materials, which can autonomously adjust or restore their properties in response to external stimuli such as thermal, mechanical, optical, magnetic, electrical or chemical influences. It also includes micro- and nanoreactor technologies, which enable chemical reactions to take place within highly confined environments, supporting the development of nanofluidic systems and offering advantages such as improved energy efficiency, reliability and scalability.

Sensor and Navigation Technologies

Sensor and navigation technologies are closely interrelated and collectively enable the measurement, processing and interpretation of signals for positioning and system control.

This field comprises technologies that measure physical quantities and convert them into readable signals, process these signals, and use them to determine position and orientation or to guide systems toward a destination. It includes SLAM technology, which allows autonomous systems to map their environment and navigate independently, as well as sensor fusion technologies that combine signals from multiple sensors. It further encompasses sensor network technologies that aggregate distributed data into central systems for analysis, and signature management and pattern recognition technologies used to detect, analyse and mitigate patterns in sensor data.

Nuclear Technology for Medical Use

Nuclear technology for medical use refers to the application of nuclear techniques in the diagnosis and treatment of patients.

It involves the use of medical isotopes, or radionuclides, which are linked to tracers to form radiopharmaceuticals. These compounds are used to detect or treat diseases through diagnostic and therapeutic applications.

Refer to our FDI page for all our updates and to our Quoted: FDI Screening in the Netherlands for further background on Dutch FDI screening.

Contact

If you have questions about the information discussed above, do not hesitate to reach out to one of the contacts mentioned below.