We have collaborated closely on the matter with the FIN (the Dutch foundation network), which issued a joint Dutch contribution to the consultation with the SBF and is explicitly also welcoming our additional viewpoints from the European level philanthropy infrastructure. With the support of other legal experts (in particular ECNL and additional researchers), we came to the initial analysis that the draft law potentially:

• as negative consequences for funders and public-benefit organisations in the Netherlands and the wider Europe and hence limit its role and contribution to society
• puts at risk the status of the Netherlands as a philanthropy friendly environment and as a strong defender for safeguarding civic space in Europe
• is not be in line with the overall existing approaches with regard to transparency and accountability
• conflicts with EU values, Treaty Freedoms and Charter of the Fundamental Rights of the EU and the European Convention of Human Rights EU law and rule of law principles.

We sense that the Dutch case could set a precedent in moving too far with unclear requirements and lack of protection mechanisms and hence consider a response also from European philanthropy infrastructure (Dafne - Donors and Foundations Networks in Europe/EFC) perspective important.

Read the full comments on the draft Dutch act on transparency of civil society organisations of the Netherlands (Wet Transparantie Maatschappelijke Organisaties) here.