Netherlands: Adopted Administrative Approach to Online Child Pornographic Material Act (36.377)

On 4 June 2024, the Dutch Senate adopted the Administrative Approach to Online Child Pornographic Material Act (36.6477). The Act establishes the Online Terrorist and Child Pornographic Material Authority (ATKM) as an independent authority and competent authorities under Regulation (EU) 2021/784. The ATKM is tasked with making online child pornographic material inaccessible. The ATKM will have the power to issue binding instructions to providers of communication services, including infrastructure providers like cloud computing, storage, databases, and platform intermediaries such as e-commerce, to remove or block access to such material. The Act requires hosting service providers facing regular issues with online child pornographic material to take preventive measures. Non-compliance may result in penalties, including administrative fines up to 10% of the company's turnover for repeated violations.