Espionage

Criminal espionage

Espionage by foreign governments usually targets state secrets and trade secrets, and leaking this information to a foreign government is a criminal offence. Passing on sensitive information to a foreign government is also a criminal offence, even if that information is not classified as state secret. This could include sharing sensitive corporate information that another country could misuse, or passing on personal data to foreign governments. Other related acts may also be punishable offences if such acts are carried out for a foreign government or to support or facilitate a foreign government with the aim of causing serious harm to Dutch interests. Examples of this include collecting and delivering packages, following individuals, committing sabotage and spreading harmful information.

Penalties

Anyone who commits acts of espionage for a foreign government is liable to a term of imprisonment of up to eight years. The penalty is even higher in very serious circumstances: acts of espionage that lead to a person’s death or are committed in wartime carry a maximum prison sentence of 12 years.

Safeguards

The Netherlands is an open society, in which contact with foreign governments, companies, researchers and academics, and between individuals is possible and must remain so. For this reason, contact, cooperation and information sharing with foreign governments is not always a punishable offence. Such activities are considered criminal espionage only if they are carried out covertly for foreign governments and harm critical Dutch interests, and if the person who takes part in these activities is aware that they are causing harm to those interests and intends to commit such harm or disregards such harm.

Whether an act is a criminal offence depends on the specific circumstances of the case. On 15 May 2025 the Criminal Code was amended to broaden the definition and scope of the offence of espionage.