Today, the Senate approved a law that criminalizes more forms of espionage, such as digital espionage and diaspora espionage. With the law, the Netherlands wants to better protect our national security, the safety of individuals, critical infrastructure and high-value technologies.
The bill creates more opportunities to act against espionage activities identified by the AIVD or MIVD, for example.
Legislation already existed that allowed classic espionage criminalized, 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 when sharing sensitive business information that another country can misuse, or passing on personal data to foreign governments.
Persons who conduct espionage activities for a foreign government can face a maximum prison sentence of 8 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 may also be punished more severely if committed for a foreign government. The penalty maximum will also be increased for a number of other crimes associated with espionage activities and committed for foreign governments, such as bribery.
Espionage still focuses on state secrets. But foreign governments are also interested in non-state secret, sensitive information about a particular economic sector or communications surrounding 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 sharing information. Think of stealing high-tech knowledge, sabotaging vital infrastructure, letting it influence political decision-making or endangering Dutch citizens with a migration background.
The Netherlands is an open society, in which contact with foreign governments, companies, scientists and between citizens is possible and should remain possible. Contact, cooperation or the exchange of information with foreign governments is not simply punishable. One can only speak of espionage activities if people carry out activities for foreign governments that damage important Dutch interests and if the person who cooperates in this is aware that he endangers those interests and intends to do so or takes this into consideration.
