[NL] Government Gazette of the Kingdom of the Netherlands

[Dutchy]

Government Gazette of the Kingdom of the Netherlands Ministry of Interior Affairs & Kingdom Relations

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The Government Gazette constitutes the sole authoritative record of official publications issued by the Kingdom of the Netherlands. It serves as the definitive source for treaties, laws, royal decrees, ministerial regulations, and administrative notices that carry formal status under Dutch law.
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[2006MD0001] Decree on Regulations of State Classifications

 

[Dutchy]

Decree on Regulations of State Classifications

Decree of the Prime Minister, Minister of General Affairs of September 2006

The Prime Minister, Minister of General Affairs,

Acting in accordance with the opinion of the Council of Ministers,

Decides:

Article 1. Definitions

In this decision the following definitions apply:

a. Special information: information where access by unauthorized persons could have adverse consequences for the interests of the State, its allies or one or more ministries;

b. Compromise: access to or possibility of access to special information by unauthorized persons;

c. Classification: determining the classification level and duration of special information based on the expected adverse consequences for the interests of the State, its allies, or one or more ministries if (part of) this information becomes known to unauthorized persons;

d. Classification level: indication of the expected adverse consequences for the interests of the State, its allies, or one or more ministries if (part of) the information becomes known to unauthorized persons;

e. Government service: all organisational units for which ministerial responsibility applies without exception.

Article 2. Scope and applicability

1. This regulation applies to the government service.

3.Special information obtained under an international treaty or agreement retains the assigned classification and is protected according to the corresponding national security level. Where the treaty or agreement imposes differing or stricter security requirements, these shall be applied.

Article 3. Classifications

1. Information whose confidentiality is required due to the interests of the State, its allies, or one or more ministries must be assigned an appropriate level of classification.

2. Special information shall be classified as follows:

a. NLD TOP SECRET (abbreviated NL-TS)
if unauthorized access could cause very serious harm to the vital interests of the State or its allies

b. NLD SECRET (abbreviated NL-S)
if unauthorized access could cause serious harm to the vital interests of the State or its allies

c. NLD CONFIDENTIAL (NL-C)
if unauthorized access could cause harm to the vital interests of the State or its allies

d. NLD RESTRICTED (NL-R)
if unauthorized access could cause harm to the interests of one or more ministries

Article 4. Review and termination of classification

1. Classifications are linked to a maximum duration or specific event. Upon expiration or the occurrence of the event, the determining authority shall assess whether revision or termination is appropriate.

2. Paragraph 1 may be deviated from in cases involving:

a. Special information obtained under international treaty or agreement;

b. State secrets designated as such by law.

3. Upon transfer to a national archive, the classification expires, unless the national archive decides to maintain or revise it.

Article 5. Security requirements

1. Special information shall be protected in such a way that:

a. only authorized individuals can access or process it when necessary for their duties;

b. breaches of security are detected and thoroughly investigated.

Article 6. Disclosure outside the government service

1. Disclosure of special information outside the government service, except under legal obligation, shall only occur if security requirements and oversight remain fully enforced.

2. Special information obtained under international treaty or agreement shall only be passed on to third parties with prior approval of the originating state or international organisation.

Article 7. Compromise of special information

1. Any civil servant must immediately report to the Security Officer any breach that has reasonably led, or is suspected or confirmed to have led, to the compromise of special information.

2. The Security Officer shall immediately initiate (emergency) measures to prevent further breach.

3. The Security Officer investigates whether a compromise occurred; if so, he reports to the Secretary-General and advises whether to establish an investigative committee.

4. If the compromise involves information from another ministry or acquired under an international agreement, the Security Officer informs the respective ministry or international security authority.

Article 8. Final provisions

1. This regulation enters into force on 1 October 2006.

2. This regulation shall be cited as: Decree on Regulations of State Classifications 2006.

3. This regulation shall be published in the Government Gazette.

The Minister of General Affairs,
J.G. de Hoop Scheffer

The Minister of the Interior and Kingdom Relations,
G. ter Horst