Madrid, 7 July 2025 – Today Access Info Europe, in collaboration with SPOON, publishes a set of legal recommendations aimed at strengthening the Netherlands’ Open Government Act (OGA) and aligning it with international transparency standards.
The Netherlands has recently taken significant steps to strengthen its legal framework on access to information. On 1 May 2022, the Open Government Act (OGA) entered into force, replacing earlier legislation and establishing clearer obligations for public authorities, with a strong emphasis on proactive disclosure. Additionally, enhancing the accessibility and organisation of public sector information remains a priority under the Netherlands’ Fifth Open Government National Action Plan.
Progress Made, But Gaps Remain
Despite these improvements, there are growing concerns that the OGA and its implementation in the Netherlands still have critical shortcomings, including:
- Conflicting laws can override the OGA;
- Broad exemptions to disclosure, often lacking a public interest test;
- Weak oversight and enforcement mechanisms.
In the recommendations published today, Access Info emphasises what legal changes are needed for the Netherlands to meet the standards of the Council of Europe Convention on Access to Official Documents (Tromsø Convention), which the Netherlands has not yet signed.
It also lays out further changes needed to bring the Netherlands in line with the global RTI Rating – the leading methodology for assessing access to information laws.
Rachel Hanna, Executive Director of Access Info:
“The right to information can only be ensured by a strong legal framework. There has been progress on transparency in the Netherlands, including under its membership of the Open Government Partnership. However, there are still legal and practical obstacles that prevent citizens from fully exercising their right to information. These problems must be addressed in order to enhance transparency, foster trust, and promote democratic engagement.”
Tim Staal, Co-Founder of SPOON:
“The Netherlands adopted a new transparency law only three years ago, however this new law still does not meet several important and basic international standards. The Dutch government likes to see itself as open, but without the necessary legislative guarantees our right to government transparency will remain weak.”
Informing the Five-Year Review
These targeted recommendations to better align the OGA with the Tromsø Convention and international best practices can be used to inform the upcoming five-year review of the OGA.
Access Info and SPOON urge the Dutch government to seize this moment to make meaningful reforms, and to sign and ratify the Tromsø Convention.
Download the legal recommendations here.
About the ATI Network Project: Access Info Europe, along with mySociety and Open Knowledge Foundation Germany, are partners of the ATI Network Project. This three-year project aims to build a cohesive, wide, and activated community that is working to strengthen the right of access to information across the European region.