Expanding the Vifo Act: What’s Covered
On June 8, 2026 the Dutch government announced an expansion of the Foreign Investment Screening Act, known as the Vifo Act, to add six sensitive technology categories. Two headline areas are artificial intelligence and biotechnology. The amendment brings acquisitions, certain minority stakes and other investment structures that could affect access to or control of these technologies within the scope of mandatory review.
A global trend in tech protection
The Netherlands is following broader European and international moves to tighten scrutiny of strategic tech. The EU Foreign Direct Investment framework and the UK National Security and Investment Act represent similar approaches to assessing how foreign capital can affect national security and technological sovereignty. The Netherlands has precedent for prioritizing security in tech policy, as seen in past actions around semiconductor supply chains and companies like ASML.
Impact on AI and biotech investment
Practically, M&A transactions and certain equity investments involving foreign parties that provide access to Dutch AI or biotech capabilities will face additional regulatory steps. Expect longer timelines, mandatory filings where thresholds are met, and closer examination of cross-border transfer risks and dual-use applications.
What investors should factor into deal planning
- Update due diligence to include national security and technology-transfer risks.
- Anticipate regulatory clearance timelines in term sheets and financing schedules.
- Consider deal structures that limit control or access triggers if regulatory risk is high.
- Engage local counsel early to assess whether filings or notifications will be required.
The Vifo Act expansion is consistent with an international trend of treating advanced AI and biotech as strategic assets. For VC, PE and corporate buyers, the change elevates regulatory risk in Dutch deals and makes pre-deal regulatory planning a standard part of transaction execution.
