The Open Government Act (WOO), which came into effect on May 1, 2022, is the successor to the Dutch Freedom of Information Act (Wob). The WOO aims to foster a culture of openness and transparency across all levels of government in the Netherlands. In the context of environmental and spatial planning, the WOO is crucial for gaining insight into decision-making related to zoning plans, environmental impact assessments, permits, and enforcement actions. Through proactive disclosure and request-based access to “open government information,” citizens, businesses, and societal organizations can closely follow construction projects, demolition plans, and environmental measures. However, if involved public authorities or private parties connected to projects — including national and international companies, their executives, or curators — are suspected of financial mismanagement, fraud, bribery, money laundering, corruption, or violations of international sanctions, it can severely disrupt the functioning of the WOO. Requesters may demand additional documentation, delay procedures, and prepare police reports or civil claims, causing the entire project agenda to come to a standstill for months or even years.
Financial Mismanagement
Financial mismanagement includes inaccurate budgets, neglect of treasury guidelines, and lack of proper financial accountability in environmental projects. Through WOO requests, internal budget documents and bank statements are often requested to verify whether governments or private project partners have allocated sufficient funds for soil remediation, ecological compensation, or infrastructure investments. If it turns out that subsidies have been improperly transferred, guarantees have not been made, or budgets have been substantially undercut, this can lead to additional financial claims, suspension of permits, and increased scrutiny by subsidy providers such as RVO (Netherlands Enterprise Agency). Banks and investors must request additional due diligence reports, causing delays in credit ratings and putting the execution phase of energy and housing projects at risk.
Fraud
Targeted WOO requests for internal memos, research reports, and correspondence with environmental experts can uncover fraud and manipulation of data in, for example, soil or air quality studies. Falsifying test results to expedite permits or deliberately withholding negative ecological outcomes undermines the integrity of the entire permitting process. Once fraud is traceable via disclosed emails or internal investigation reports, suspensive measures from the court often follow, and investigations by the Environment and Transport Inspectorate (ILT) are initiated. Developers are forced to finance additional independent studies and face stakeholders who, through repeated WOO requests, want to scrutinize every step, leading to a maze of legal procedures and significant reputational damage.
Bribery
In cases of bribery, involved civil servants or consultants seek illegal payments in exchange for relaxed environmental regulations or zoning plan changes. Through the WOO, requesters can gain access to contracts with external consultants, expense receipts, and minutes of decision-making. If these documents reveal that so-called “consultancy fees” or “study costs” were actually bribes, it results in criminal prosecution and the annulment of expedited permits. The need to compel every involved institution to disclose such information delays decision-making processes and forces both public and private parties to provide full financial transparency before a project can continue.
Money Laundering
Money laundering schemes in spatial projects often manifest in artificially inflated land prices or manipulating remediation costs. By strategically using WOO requests targeting contracts with chain partners, notary correspondence, and transaction documents, investigators can uncover irregularities in capital flows. Banks and regulators must immediately investigate suspicious payments, leading to account freezes and the withdrawal of exemptions. This not only brings large infrastructure or logistics hubs to a standstill but also forces municipalities and provinces to revise their budgets for environmental and nature restoration, with significant political and societal impact.
Corruption
Corruption goes beyond individual bribery practices and refers to a culture of conflicts of interest, for example, when political campaigns are financed by market players who later revise zoning plans. Through WOO requests, it is possible to gain insight into relationship management reports, lobbying contacts, and personnel files of council members or commissioners. If it is found that certain decision-makers have been systematically favored, motions of distrust, parliamentary investigations, and potentially dismissals or administrative suspensions follow. The disclosure of this information can lead to the reopening of permitting processes, new environmental advocacy initiatives, and prolonged legal battles, which stifle the execution of urgent housing and energy projects.
Violation of International Sanctions
In cross-border environmental and infrastructure initiatives, compliance with UN, EU, and Dutch sanction regulations is crucial. Through WOO requests, financial flows and contractual clauses can be examined to assess whether sanctioned entities are involved in projects such as port remediation or transnational cables. If disclosed files show that permits have been granted to sanctioned companies or that capital flows have been facilitated, immediate withdrawal of EU subsidies, fines from the Ministry of Finance, and potentially the freezing of real estate rights follow. Such violations seriously jeopardize the international reputation of the Netherlands as a reliable investment location and can lead to diplomatic tensions and the withdrawal of foreign investors.
