More forms of spying punishable

The law creates more opportunities to act against espionage activities identified by, for example, the AIVD or MIVD. There was already legislation criminalizing classic espionage, such as sharing state secrets. But forms and uses of espionage are changing. Even if a person leaks sensitive information that is not a state secret, or if someone performs acts for a foreign government, it is now punishable if it could seriously harm Dutch interests. Such as sharing sensitive business information that another country could misuse or passing personal data to foreign governments. When leaking trade secrets, previously the OM could only initiate prosecution if the company decided to file a complaint with them. Now the OM can also decide to prosecute itself if the spying activity is carried out for another country.

Punishment for espionage activities

Persons conducting espionage activities for a foreign government can face a maximum prison sentence of eight years. In very serious situations, the maximum prison sentence is 12 years. That is, for example, if espionage activities result in death. Because of the rise of digital espionage, computer crimes can also be punished more severely if committed for a foreign government. Consider, for example, hacking into a computer system. The penalty ceiling is also increased for a number of other crimes associated with espionage activities and committed for foreign governments, such as bribery.

Interest in more than state secrets

Espionage focuses on more than state secrets. In fact, 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 play allies against each other. Espionage can also involve actions other than information sharing. Think of stealing high-tech knowledge, sabotaging vital infrastructure, letting it influence political decision-making or endangering Dutch citizens with a migration background.

Espionage activities targeting (diaspora) communities

An important part of the law's expansion is countering espionage targeting (diaspora) communities. Here, foreign powers try to exert influence on their citizens or former compatriots now living in the Netherlands. For example, they collect (personal) data and try to influence citizens based on their own (alleged) internal security interests. 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 take action against these activities. With the enactment of the law, a step has been taken in increasing resilience to statewide threats.

Reporting and reporting

If you suspect espionage you can report with the police. It is additionally advisable to always report any signs to the security coordinator within your organization and to the AIVD.