The law provides more opportunities to act against espionage activities identified by, for example, the AIVD or the MIVD. There was already legislation that criminalizes classic espionage, such as sharing state secrets. However, the forms and use of espionage are changing. Also, if a person leaks sensitive information that is not state secret, or if someone carries out actions for a foreign government, this is now punishable if it can seriously harm Dutch interests. Such as sharing sensitive business information that another country can misuse or passing on personal data to foreign governments. In the past, the Public Prosecution Service could only initiate prosecution for leaking trade secrets if the company decided to file a complaint with them. Now, the Public Prosecution Service can also decide to prosecute if the espionage activity is carried out for another country.

Penalty for Espionage Activities

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. For example, consider hacking a computer system. The maximum penalty is also increased for several other criminal offenses that accompany espionage activities and are committed for foreign governments, such as bribery.

Interest in More than State Secrets

Espionage targets more than just state secrets. Foreign governments are also interested in non-state secret sensitive information about a particular 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. Consider stealing high-tech knowledge, sabotaging vital infrastructure, influencing political decision-making, or endangering Dutch nationals with a migration background.

Espionage Activities Targeting (Diaspora) Communities

A significant part of the laws expansion is to counter espionage targeting (diaspora) communities. In this case, foreign powers try to exert influence over their citizens or former compatriots who now live in the Netherlands. They collect, for example, (personal) data and try to influence citizens from their own (alleged) internal security interest. Foreign governments do not shy away from mobilizing members of the community to censor or pressure opponents and critics within those communities to cooperate. The new law provides more opportunities to act against these activities. With the enactment of the law, a step has been taken to increase resilience against state threats.

Reporting and Filing a Complaint

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