Legislation

Legislation and regulations, and powers of the Netherlands Authority for Consumers and Markets

Below is an overview of the regulations and pieces of legislation that govern the tasks and powers of the Netherlands Authority for Consumers and Markets (ACM). ACM is an autonomous administrative authority (under Dutch law) and is part of the Dutch central government, but is officially not part of any ministry. When drawing up and publishing decisions, ACM follows the rules of the Dutch General Administrative Law Act (Algemene wet bestuursrecht, Awb). The Establishment Act of the Netherlands Authority for Consumers and Markets was amended on August 1, 2014. As a result of this amendment, the powers of the three regulators that merged into ACM have been streamlined.

• Establishment Act of the Netherlands Authority for Consumers and Markets
• Dutch General Administrative Law Act (Awb)

Ministerial regulations about ACM

• Procedure on the provision of information by ACM
• Procedure on the Exchange of Information between ACM and Ministers

Organizational decisions and policy rules by the Minister of Economic Affairs and Climate Policy

• Rules for fines and leniency
• Decision on mandate, authority and authorization of ACM of April 2, 2013
• Decision on mandate, authority and authorization of ACM of September 13, 2013
• 2015 Protocol on working arrangements between ACM and ministers

Organizational decisions by ACM

• 2013 Decision on the organization, mandate, authority and authorization of ACM
• Regulations of the Board of ACM
• Decision containing amendments to the Decision on the appointment of ACM enforcement officers (in Dutch)
• Decision on the appointment of ACM enforcement officers
• Decision to repeal the Decision on the creation of the ACM Advisory committee on Administrative Appeals (in Dutch)
• Amicus Curiae power

ACM procedures

• Prioritization of enforcement investigations by ACM
• ACM Publication procedure
• 2014 ACM Procedure regarding the legal professional privilege of lawyers
• 2014 ACM Procedure for the inspection of digital data
• Policy rule of ACM with regard to informers (anonymous and non-anonymous)
• 2013 ACM records management regulation
• ACM complaints procedure
• ACM’s guidelines for simplified resolution of cases involving a fine
• ACM procedure regarding informal opinions