From the Government of the Netherlands:
More forms of espionage, such as digital and diaspora espionage, are to be a criminal offence from 15 May onwards. To achieve this a new criminal provision is being added to the Dutch Criminal Code. The government wants the law to protect national security, public safety, critical infrastructure and high-value technologies more effectively.
Legislation already exists which makes traditional espionage, such as sharing state secrets, a criminal offence. The problem is that espionage is changing in terms of its manifestations and use. As from 15 May it will also be a criminal offence if someone leaks sensitive information which is not a state secret to a foreign government, or if someone covertly engages in activities on behalf of a foreign government which may seriously harm Dutch interests. This includes sharing sensitive business information that another country could misuse, or transferring personal data to foreign governments.
Punishments
People who engage in espionage activities for a foreign government could face a maximum prison sentence of 8 years. In very serious situations the maximum prison term is 12 years. This would apply, for example, if the espionage activities result in someone’s death. Due to the increasing prevalence of digital espionage, people who commit computer-related offences may also face harsher penalties if they do so on behalf of a foreign government. The maximum punishment is also to be increased for a number of other offences associated with espionage activities committed for foreign governments, such as bribery.
Interested in more than state secrets
Espionage targets more than just state secrets. Indeed, foreign governments are also interested in sensitive information which is not a state secret about a particular economic sector, or which is related to political decision-making. Such information can be used to influence political processes, weaken the Dutch economy, or play allies off against each other. Espionage may also involve activities other than sharing information, such as stealing high-tech know-how, sabotaging vital infrastructure, exerting an influence on political decision-making, or endangering Dutch citizens with a migration background.
Espionage activities targeting (diaspora) communities
Importantly, the legislation has been broadened in order to combat espionage which targets (diaspora) communities. Foreign powers engage in this type of espionage to try and exert influence on their citizens or former compatriots who now live in the Netherlands, for example by collecting (personal) data and by citing their own (perceived) internal security interests. In addition, foreign governments have no qualms about encouraging members of the community to censure opponents and critics within those communities or pressurise them into cooperating. The new law provides more options to help counteract such activities and its enactment represents a step forward in terms of increasing resilience to state threats.
Reporting incidents to the police and other bodies
You should report any suspicion of espionage you might have to the police. It is also advisable always to report any indications of espionage to your organisation’s security coordinator and to the General Intelligence and Security Service (AIVD).
Additional information
More information is available at www.nctv.nl/spionage