1. Risk Rating  
  2. AI regulation in your jurisdiction 
  3. Existing Regulatory Frameworks Applicable to AI
  4. Regulatory Oversight of AI
  5. AI Guidance, Policies, and Strategic Frameworks 
  6. International AI Standards and Guidelines 
  7. Forthcoming AI Legislation 
  8. Useful links

jurisdiction

The Netherlands
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Risk Rating  

High.

AI regulation in your jurisdiction 

The Regulation (EU) 2024/1689 -  Artificial Intelligence Act (“EU AI ACT”) is directly applicable.

Existing Regulatory Frameworks Applicable to AI

The Netherlands has not yet implemented a national AI law regulating specific aspects of the EU AI Act to the placing on the market, the putting into service and the use of artificial intelligence systems (AI systems). The EU AI Act directly applies next to the existing general cross-sectoral EU and Dutch laws, as well as specific sector EU and national laws, depending on the legal context.

Key Dutch laws that should be taken into consideration with the use of AI systems or general-purpose AI models include (in addition to the laws stipulated under the EU jurisdiction):

  • Dutch Civil Code ensures among others fair dealing with consumers prohibiting misleading or aggressive practices. It also makes operators under the AI Act strictly liable for defects in products that cause injury or property damage (implements the EU Product Liability Directive). This applies to AI-equipped products or software: if an AI system is considered a product and malfunctions, the injured party can claim damages from the AI provider or manufacturer. Moreover, general tort law is codified in the Dutch Civil Code (6:162 BW) and imposes liability for negligence in e.g. deploying AI systems.
  • Data Protection
    • GDPR and the Dutch GDPR Implementation Act protect use  of personal data across sectors. These laws require among other compliance with the GDPR principles including a lawful basis for processing of personal data, transparency, data minimisation, storage limitation, security and safeguards for automated decisions about individuals. Enforced by the Dutch DPA (Autoriteit Persoonsgegevens).
  • General non-discrimination law (Algemene wet gelijke behandeling, AWGB) prohibits discrimination on protected grounds (race, gender, etc.). Applies to AI-driven decisions (hiring, lending, policing) that could result in bias. Enforced via courts or the Human Rights Institute.
  • Product safety law (Warenwet and Warenwetbesluit machines) provides the Dutch product safety, conformity and market‑surveillance base for AI‑enabled goods (e.g., CE‑marking, recalls, technical documentation).  
  • Cybersecurity law (Wbni and Bbni) : Set cybersecurity duties and incident notification obligations for essential services and designated providers, which continue to apply to AI operators and infrastructure.
  • Public Procurement Act (Aanbestedingswet 2012) governs public sector procurement of AI, including award criteria, audit and transparency in contracts.
  • Specific frameworks (telecommunications, audiovisual media, intellectual property, competition) likewise apply depending on the use case (e.g., the Dutch Telecommunications Act (Telecommunicatiewet); the Dutch Media Act (Mediawet); the Dutch Copyright Act (Auteurswet), the Dutch Patents Act (Rijksoctrooiwet ); and the Dutch Competition Act (Mededingingswet).

Regulatory Oversight of AI

It appears from the Minister of Economic Affairs’ letter of early January 2026 that the EU AI Implementation Act – which will designate the Dutch supervisory authorities – is expected to be laid before the House of Representatives in Q4 of 2026.

In November 2025 the Dutch Data Protection Authority (“AP”), together with the Dutch Authority for Digital Infrastructure (“RDI”), issued an advisory to the Minister of Economic Affairs and the State Secretary for Legal Protection on how supervision of the EU AI Act in the Netherlands can be properly organised.  In this advisory document AI supervision is carried out by five supervisory authorities: (i) AP; (ii) RDI; (iii) the Dutch Authority for Consumers and Markets (“ACM”); (iv) the Dutch Authority for the Financial Markets (“AFM”); and (v) De Nederlandsche Bank (“DNB”).

Additionally, in March 2025 the AP and RDI issued a proposal for the Dutch design of the AI regulatory sandbox (mandatory under the EU AI Act as of August 2026).  The proposal sets out the desired principles for the Dutch sandbox and an outlined process framework.

AP:

In March 2022 the AP published its first position paper on the EU AI Act.  It prioritises stricter third‑party conformity assessment for high‑risk AI, a stronger role for privacy regulators and robust, coordinated supervision, clear alignment with the GDPR, and the use of regulatory sandboxes.

Since 2023, the AP has acted as the coordinating regulator for algorithms and AI that pose risks to fundamental values and fundamental rights.  The AP has commenced preparations for supervising prohibited AI practices, which have applied since 2 February 2025.  In 2025, the AP's focus has been on transparency, standardisation, auditing, governance, non-discrimination and AI literacy.  The coordination activities are built around four key pillars:

  • Better insight into algorithms and AI
  • Strengthening cooperation
  • Increasing knowledge
  • Preparing for the AI Act.

AI Guidance, Policies, and Strategic Frameworks 

As policy documents and a strategic framework, the Netherlands sets out its AI policy across multiple documents:

Additionally, in September 2025 the Dutch central government published an EU AI Act Guide. The guide explains the content and potential implications of the EU AI Act for the use and development of artificial intelligence.

International AI Standards and Guidelines 

From the Dutch perspective (under the directly applicable EU AI Act), the framework relies on European standardisation as set out and anticipates that several AI obligations will be further specified in European standards over the coming years, with participation channelled via EU member states’ national standardisation bodies. In the Netherlands, participation runs through the National standardisation body (NEN).  

Forthcoming AI Legislation 

It appears from the Minister of Economic Affairs’ letter of early January 2026 that the EU AI Implementation Act is expected to be laid before the House of Representatives in Q4 of 2026.

Artificial Intelligence (AI) - NL:

Publications:

The impact of the AI Act on Tech M&A due diligence
https://cms.law/en/nld/publication/the-impact-of-the-ai-act-on-tech-m-a-due-diligence

CMS AI and Copyright Case Tracker – NL: