Corporate | Supervisory bodies

Supervisory bodies

Conducting business in the Netherlands will probably bring you in touch with supervisory bodies of some kind. These are the times when you can not afford not to know your rights and duties, spelled out in a crystal clear manner. GMW Advocaten are available for insight and advice – knowing what to do and.. when to do it.

For a long time Customs were the only supervisory body in the Lowlands that mattered. As of 1814 the De Nederlandse Bank joined customs and currently there are more than 112 boards (college), commissions (commissies), commissionerships (commissariat), authorities and inspections that supervise, control, maintain and step in whenever necessary, by way of a company search (bedrijfsdoorzoeking),  an administrative penalty ( bestuurlijke boete), an incremental penalty payment (dwangsom) or a measure (maatregel).

Better-known supervisory authorities are the Nederlandse Mededingingsautoriteit/NMa (the Netherlands Competition Authority), the Nederlandse Zorg Autoriteit/NZa (the Dutch Healthcare Authority), the Autoriteit Financiële Markten/AFM (the independent supervisory authority for the savings, lending, investment and insurance market),  De Nederlandsche Bank/DNB (the supervisory body for all Dutch banks), the Voedsel en Waren Autoriteit/VWA (the Dutch Food and Consumer Product Safety Authority), the Arbeidsinspectie/AI (the authority supervising the implementation of labour law and fighting illegal employment), the College Bescherming Persoonsgegevens/CBP (the Dutch Data Protection Authority), the Consumentenautoriteit/CA (the Dutch Consumer Authority) and the Onderwijsinspectie/OI (The Education Inspectorate).

Intervention

All of these supervisory bodies from their perspective will check companies and institutions’ compliance with provisions regarding financial, technical and prudential regulations. The use of subsidies may come under scrutiny, just as well as certain quality specifications or the appropriate processing of personal data. Failure to correctly comply with governmental regulations will result in interventions, such as gaining access to company data or on-site investigations - that are stipulated by the Awb - general administrative law.
Supervisory agencies are also frequently affiliated with self-regulatory bodies, being instrumental to trade- and professional associations.

Our role

We are up to date with all novelties in the legislation and in policy rules, advising and representing companies, trade organisations and governmental bodies alike. We can do so at any step in the process – from working out damage control to seeking a remedy.
First and foremost, we advise and inform, swiftly initiating negotiations, whenever possible. In court we will represent your best interest with determination and passion, making use of our extensive knowledge and expertise in administrative law, private law and penalty law.

Information 

For more information on the subject please contact Arthur de Groot.

Click here for more information on Competition law and Market forces and Administrative law.