Doing Business in the Netherlands 2012 - American Chamber of ...

As of 1 September 2009, the implementation of Directive 2006/24/EC
entered into force. This implementation provides for the Dutch
regulatory framework regarding retention of data generated or
processed in connection with the provision of publicly available
electronic services or networks.
In 2009, a large European telecommunications reform package was
adopted to revisit the existing European telecom framework.
Although the deadline for implementation was in May of 2011, the
Netherlands has (as of the time of writing) not implemented the
revised Directives. The Dutch Senate is currently discussing the bill
in committee. The bill is expected to pass in the first half of 2012.
12.3 Registration
In order to install or operate public electronic communications
networks, and provide public electronic communications services and
conditional access systems (e.g., video-on-demand), a party is
required to register with OPTA. OPTA is also responsible for
certifying service providers for electronic signatures. There are
standard registration forms available for this purpose (in Dutch and
English). Registration is intended primarily to give OPTA an
overview of market players in order to ensure effective supervision
and is not conditional on meeting any material qualifications other
than demonstrating to OPTA that the service or network is indeed
offered to the general public. The fees OPTA charges consist of a
onetime registration fee and an annual “supervision” fee, which as of
2006 has been tied to the annual turnover for telecom providers with a
turnover that exceeds EUR20 million. Providers who fall under that
limit are charged an annual flat fee.
An individual license under the TW is required, in principle, only for
the use of frequencies and for mobile and satellite communications.
Depending on the scarcity of the frequencies concerned, licenses for
the use of frequencies for commercial electronic communications are
granted in accordance with any of the following procedures: (i) in the
order in which applications are received (“first come, first served”
104 Baker & McKenzie