There was already legislation that makes classical espionage punishable, such as sharing state secrets. However, forms and uses of espionage are changing. Also, if a person leaks sensitive information to a foreign government that is not state secret, or if someone secretly acts for a foreign government, this will be punishable from May 15 if it can seriously harm Dutch interests. For example, sharing sensitive business information that another country could misuse or passing on personal data to foreign governments.

Individuals who carry out espionage activities for a foreign government can receive a maximum prison sentence of eight years. In very serious situations, a maximum prison sentence of twelve years applies. This is, for example, if espionage activities result in death. Due to the rise of digital espionage, computer crimes can also be punished more severely if committed for a foreign government. The maximum penalty is also increased for a number of other criminal offenses that are associated with espionage activities and committed for foreign governments, such as bribery.

Espionage targets more than just state secrets. Foreign governments are also interested in non-state secret sensitive information about a certain economic sector or around political decision-making. Such information can be used to influence political processes, weaken the Dutch economy, or pit allies against each other. Espionage can also involve other actions than sharing information. Think of stealing high-tech knowledge, sabotaging vital infrastructure, influencing political decision-making, or endangering Dutch citizens with a migration background.

An important part of the expansion of the law is combating espionage aimed at (diaspora) communities. In this case, foreign powers try to exert influence on their citizens or former compatriots who now live in the Netherlands. They collect (personal) data and try to influence citizens from their own (alleged) internal security interest. Foreign governments do not hesitate to mobilize community members to censor or pressure opponents and critics within those communities to cooperate. The new law provides more opportunities to combat these activities. With the implementation of the law, a step has been taken to increase resilience against state threats.

If you suspect espionage, you can file a complaint with the police. It is also advisable to always report signals to the security coordinator within your organization and to the AIVD.

Want to know more?

Read more at www.nctv.nl/spionage