The updated Dutch Corporate Governance Code (the Code) was published on 20 December 2022. This may have an impact on articles of association and company rules for executive and supervisory boards. The most significant amendments to the Corporate Governance Code relate to: (i) sustainable long-term creation of value, (ii) the role of stakeholders, (iii) computerisation and (iv) diversity and inclusivity.

ESG stands for Environment, Society and Governance. The assessment of a company’s sustainability is based on the impact that company has on the environment (waste, pollution, etc.), the impact on society (working conditions, health and safety, etc.) and how a company is managed (e.g., executive remuneration, diversity and signs of corruption or bribery, etc.).

Dutch Government traditionally has been reluctant to regulate domestic and cross border take overs and investments in general and especially foreign direct investment (FDI). On the OECD FDI Restrictiveness Index of 2019, the Netherlands had the sixth position of countries with the lowest restrictiveness.