The Dutch government recently approved a new law criminalizing broader espionage activities. This important legislation now specifically includes acts of digital espionage against Dutch interests. It aims to better protect national security critical infrastructure and also sensitive technologies. The new law was passed just over the weekend and started on May 15th. It extends existing espionage laws which already criminalized the sharing of state secrets. Now leaking sensitive non-classified information that harms Dutch interests can lead to charges. Acting for a foreign government to harm Dutch interests is also now a crime. The rise of cyber-espionage also prompted the government to introduce much harsher penalties. Offenders could face up to eight years in prison or twelve in extreme cases.
Dutch Justice Minister David van Weel emphasized the need to strengthen national resilience.
This is crucial against a backdrop of increasing attacks and various threats from abroad. Dutch authorities also plan a new vetting process for researchers at academic institutions. This initiative addresses growing concerns about foreign governments particularly China targeting research. They may seek intellectual property for both commercial and also for military purposes. The Dutch intelligence service raised alarms last year about extensive Chinese cyber espionage. This espionage targeted Western governments and also many prominent Western defense companies. Russian state-sponsored hackers also attempted to sabotage Dutch critical infrastructure this year.
Russia also targeted international bodies like the ICC and OPCW located in The Hague.
The updated Dutch Espionage law redefines espionage to address very modern digital era threats. Today espionage includes cyberattacks data theft and even subtle academic infiltration attempts. The new law updates the Criminal Code to include digital espionage like hacking. This covers hacking or data theft committed for the benefit of a foreign state. Diaspora espionage which monitors or pressures citizens living in the Netherlands is covered. Economic and academic targeting like stealing trade secrets or research is now punishable. Political manipulation activities that interfere with Dutch policymaking are also now addressed. More types of espionage are now punishable even if information is not officially classified. Inciting others to engage in any espionage activities is also a criminal offense.
The penalties under this new Dutch law are significantly more severe than they were before. Individuals found guilty of these espionage-related crimes may now face up to eight years. In extreme cases sentences can go up to twelve years in a Dutch prison. This applies if espionage leads to death or causes major widespread societal disruption. Additionally penalties have also been increased for many related crimes like computer hacking. Bribery or providing financial incentives tied to any foreign influence also face harsher punishment. These enhanced punishments clearly reflect growing concern about today’s serious cyber threat landscape. The law also makes it easier for authorities to take strong legal action now. This includes cases involving indirect influence like psychological pressure bribery or hidden financial support.
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