New legislation as of 1 January 2018
Below is an overview of the most important legislation related to Justice and Security that will be coming into force on 1 January 2018.
Obligation to report
Organisations operating in private sectors of vital importance will be required to report serious digital security incidents to the National Cyber Security Centre (NCSC) of the Ministry of Justice and Security. Timely reporting will allow such incidents to be addressed effectively with the aim of preventing or minimising social disruption.
In addition, the Long-Term Supervision Act will now fully come into force. In future, sex offenders and serious violent offenders can be put under intensive supervision for longer periods, allowing measures to be taken if a repeat offence takes place or is about to occur. In future, an independent supervision order can be imposed on such offenders subsequent to detention, conditional release or detention under a hospital order. With regard to this group, the courts will also be able to extend the probation period by two years at a time in the event of conditional release. There is no legal maximum term involved for either measure.
Matrimonial property law
In addition, the basic legal system for marriages concluded after 1 January 2018 will change. Spouses will no longer automatically be married under a general community property regime, but under a limited community of property. Only assets shared by the spouses prior to the marriage and any assets accrued during the marriage are considered matrimonial property. In future, any premarital private assets, gifts and inheritances of the spouses will remain private, unless the spouses agree otherwise in a prenuptial or postnuptial agreement.
An act will come into force based on which the costs of supervision of civil-law notaries and bailiffs, and the costs of disciplinary proceedings against lawyers, civil-law notaries and bailiffs, will be passed on in their entirety to the professional groups.
Another act will come into force which gives juvenile courts the authority to rule on any contact with or access to children of parents who have killed their partner. The current manner in which this is dealt with is lacking, as children are not always allowed to experience the calm they require to deal with such a drastic event. Children may not fall prey to any conflicts arising, such as ones between the family and the suspect or convicted parent. The new measure should ensure that the situation for children improves.
In order to improve fire safety in such places as events sites, campsites and marinas, national legislation will take effect on 1 January 2018. This sets out clear and uniform rules for citizens and businesses. These will provide clarity regarding the management of risks when there are many people gathered together in a single space in any of such locations. In such cases, an obligation to report applies.