This page is maintained by @Paul Keller
18-06-2019: The Ministry of Justice publishes the first draft implementation law proposal ("Implementatiewet richtlijn auteursrecht in de digitale eengemaakte markt"), together with a draft of the explanatory memorandum ("Memorie van Toelichting").
02-07-2019: The Ministry of Justice opens an online consultation on the proposed draft law (deadline for submissions is 02-09-2019)
02-09-2019: Online consultation closes. Ministry publishes 57 public responses to the consultation.
Week of 11-11-2019: The Ministry of Justice circulates a new version of the implementation law proposal, which contains changes that have been made based on the consultation process. The Ministry sends out invitations for series of invitation only stakeholder consultation meetings to discuss the changes made. These changes are mainly positive. The most significant changes from the initial draft are:
Week of 18-11-2019: The Ministry holds stakeholder meetings with CMOs, Platforms, CHIs, Authors and Publishers to discuss changes made to text.
10-01-2020: The implementation law proposal is approved by Council of Ministers and sent to the Council of State for review (the Council of State has three months for its review).
11-05-2020: The implementation law proposal (together with the explanatory memorandum and the advice from the Council of State) is sent to the House of Representatives (2e kamer), kicking off the parliamentary process. There are no real substantial changes in the text of the law; the changes that have been made are mainly editorial.
02-06-2020: Open Nederland and Wikimedia Nederland publish a blog post with an analysis (and a more extensive analysis document) of the implementation law proposal (focussing on issues relevant to open content)
09-06-2020: Bits of Freedom and COMMUNIA send a letter to the members of the legal affairs Commission of the Dutch parliament, expressing concerns about the implementation of article 17 and making suggestions for improvements.
23-06-2020: the legal affairs committee publishes its report (a compilation of questions for the government by the members of the committee that now need to be answered by the ministry). The report contains questions from 3 of the 4 coalition parties (VVD, D66 and CDA) and 2 opposition parties (the Greens and the Socialists). All of them are critical of the article 17 implementation. The criticism by CDA and VVD is most moderate (mainly concerning impact on startups), D66 has fundamental questions on the protection of due process rights and the Socialists and the Greens have largely taken over the issues raised in the letter by Bits of Freedom and COMMUNIA.
25-06-2020 EFF letter to members of the dutch parliament:
01-09-2020 "‘Corona-amendement’ bij artikel 12 lid 5 Auteurswet – online classroom use" Statement by a group of copyright academcis suggesting a last minute amendement to expand the exception for classroom use to online distance education (based on the Art 5 of the DSM directive)
04-09-2020 Response from Pictoright: hoogleraren auteursrecht misbruiken hun titel
07-09-2020 Response to Pictoright by Dirk Visser
06-10-2020: Ministry of responds to the questions in the Legal affairs commitee report and the written questions by MPs about the eductaion exception. Together with the response (nota van verslag) it also sends a document outlining a number of changes to Parliament (nota van wijzigingen). These changes include: The addition of the first sentence of 17(7) and the first sentence of 17(8) to the articles impemeneting the provisions of Art 17. An additional clarification that the exception for in-classroom use also applies to online-lectures.
14-10-2020: Procedure meeting of the Legal Affairs commitee, decides to move the implementation law proposal forward (no more written questions for the ministry) and schedules it for a discussion in the commitee on the 9th of Novemebr between 2000h and 2300h).
09-11-2020: Wetgevingsoverleg in the Legal Affairs committee. This dus not bring us a lot of substantive questions but results in an Amendment that is tabled the next day by MP van Dam (CDA) that proposes to bring the press publishers right into the scope of the article 17 implementation. The government advises against adopting the AM. The AM is apparently heavily pushed for by the press publishers who have a lot of leverage here. The AM will be voted together with the proposed law during the plenary session on the 17th of November.
17-11-2020: Plenary vote in the 2nd chamber of the Dutch Parliament. The implementation law is adopted, the Amendment van Dam is rejected. The implementation law proposal now goes on to the 1st chamber (Senate) for a final yes or no vote (the timeline in the Senate will be determined in a procedural sitting on the 1st of December)
8-12-2020: Legal affairs commission of the Senate (1st chamber) decides that the implenentation law proposal does not require any further discussion and forwards it as is to the plenary for a vote on 15-12-2010