Today, the Senate approved a law that makes more forms of espionage punishable, such as digital espionage and diaspora espionage. With this law, the Netherlands aims to better protect our national security, the safety of individuals, vital infrastructure, and high-value technologies.
The bill provides more options to act against espionage activities identified by, for example, the AIVD or the MIVD.
More possibilities for criminalization
Legislation already existed that made classic espionage punishable, such as sharing state secrets. But forms and uses of espionage are changing. It is now also punishable if a person leaks sensitive information that is not a state secret, or if someone performs actions for a foreign government that seriously harm Dutch interests. Such as sharing sensitive business information that another country can misuse, or passing personal data to foreign governments.
Persons engaging in espionage activities for a foreign government can face a maximum prison sentence of 8 years. In very serious situations, a maximum prison sentence of 12 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 associated with espionage activities and committed for foreign governments, such as bribery.
Interest in more than state secrets
Espionage still focuses on state secrets. But foreign governments are also interested in non-state-secret, sensitive information about a particular economic sector or communication surrounding 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 citizens with a migration background.
Safeguards
The Netherlands is an open society, where contact with foreign governments, companies, scientists, and between citizens is possible and must remain possible. Contact, cooperation, or exchanging information with foreign governments is not automatically punishable. Espionage activities are only considered when people perform acts for foreign governments that damage significant Dutch interests and if the person involved is aware that they are endangering those interests and intends to do so or accepts it as a consequence.