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The ICC Incoterms® 2020 The ICC "international commercial terms", known worldwide as the ICC Incoterms® rules, have been an internationally generally accepted set of definitions and terms of delivery for use in international and national purchase and sale agreements for goods with a global reach since 1936. The ICC Incoterms ® 2020 version is the most recent international standard on international trade and is therefore the modern alternative to the ICC Incoterms ® 2010 rules. Over the past 10 years, these have been crucial tools for importers, exporters, lawyers, carriers and insurers all over the world. ICC periodically reviews the rules. In addition to the experiences of users, changes in policies, environmental guidelines and new technology have been included in the adjustments. The ICC Incoterms ® 2020 provides buyers and sellers with an up-to-date framework. They are also easier to use. The Incoterms® rules consist of a set of three-letter delivery terms that reflect the customs between buyers and sellers of goods. These three-letter delivery terms describe the allocation of tasks, costs, and risks between buyers and sellers, saving time and protecting entrepreneurs from pitfalls and financial damage. Developed after extensive consultation with users including economists, lawyers, traders, freight forwarders, and banking and insurance experts from ICC's global network, the ICC Incoterms® 2020 rules reflect changes in international trade. The Drafting Group, established by ICC in 2016, included a mix of traders, business representatives, and trade law specialists who analysed over 3,000 substantial comments and conducted four consultation rounds with national offices and expert groups, including two physical expert consultations in Beijing and London. This thorough process ensures that the rules remain relevant and effective in the evolving landscape of global trade. What are the key changes in Incoterms® 2020? The Incoterms® 2020 address a demonstrated need in the market for on-board bills of lading under the Free Carrier (FCA) Incoterms® rule. Free Carrier (FCA) has been revised for Incoterms® 2020 to cater to a situation where goods are sold FCA for carriage by sea and buyer or seller (or either party’s bank) requests a bill of lading with an on-board notation. FCA in article A6/B6 now provides for the parties to agree that the buyer will instruct the carrier to issue an on-board bill of lading to the seller once the goods have been loaded on board, and for the seller then to tender the document to the buyer (often through the banks). Educational In Company Training Incoterms ® The Incoterms ® 2020 rules provide clarity and certainty to your company. In practice, however, there appear to be questions about the way in which the Incoterms® rules relate to transport, customs, insurance, payment arrangements and also the internal procedures and agreements within the company. How does your company make optimal use of the most recent version of the Incoterms ® rules? What is the right application for your business? Legitimate questions to which the In Company training provides answers. Read More Seminars I Webinars Incoterms® 2020 To ensure that you are informed, stay informed and are also well informed about the Incoterms® 2020 rules, ICC offers Incoterms® 2020 seminars/webinars. In the seminars and webinars, experts will speak and emphasize the correct application of the ICC Incoterms® 2020 rules in daily use. The seminars and webinars are for everyone involved in trade in goods and delivery conditions, such as buyers, sellers, importers, exporters, carriers, insurers, lawyers and legal experts . For more information, please contact ICC Netherlands via info@icc.nl . Professional Certificates Looking to deepen your understanding of Incoterms® 2020 at your own pace? Our comprehensive e-learning courses at ICC Academy offer the flexibility to learn anytime, anywhere. Designed for professionals seeking to enhance their expertise in international trade, these interactive modules cover all aspects of Incoterms® rules, ensuring you have the knowledge to navigate global trade complexities with confidence. Take advantage of this convenient learning option and empower yourself with the tools and insights needed for successful international transactions. Discover Our E-Learning Courses at ICC Academy Learn More Why are the Incoterms 2020 important for you? Get Your Copy Now Unlock the potential of Incoterms® 2020 with ICC Netherlands. Our comprehensive guide simplifies international trade by clearly defining the responsibilities of buyers and sellers. Stay ahead in the global market with the latest insights and strategies from our team of experts. Get your copy today and ensure your business operates smoothly and efficiently. Order here Incoterms® 2020 APP Download the ICC’s official Incoterms® 2020 mobile app for comprehensive, easy-to-access summaries of the rules. Navigate international trade complexities with ease and make informed decisions with confidence. Download for Android Download for IOS

< Back Enhanced consultation with taxpayers and increased tax certainty vital to future development of proposed UN Tax Convention ICC WBO Aug 19, 2024 Following a three-week intergovernmental meeting in New York earlier this month, the United Nations has adopted Terms of Reference for a Framework Convention on International Tax Cooperation – a potentially significant step towards establishing new rules for cross-border taxation. ICC, along with representatives from its national committees worldwide, actively participated in these negotiations – with the aim of ensuring that this initiative focuses on developing principles-based international tax policies that support trade, investment and the achievement of the Sustainable Development Goals (SDGs). Following the adoption of the Terms of Reference, John Connors, Chair of ICC’s Global Commission on Taxation said: “For companies globally, tax policy is not only a means of raising government revenues but also a catalyst for sustainable growth and development. It should drive investment in jobs, infrastructure, and technology, while fostering trade, encouraging sustainable investment, and ensuring fair competition. We look forward to a UN Convention that aligns with these critical objectives and are ready to constructively participate in the process”. Commenting on the details of the agreed text, Luisa Scarcella, ICC Global Policy Lead on Taxation, added: “While the inclusion of a new paragraph guaranteeing stakeholder participation in the future drafting of the UN Tax Framework Convention is welcomed, it is crucial to emphasise the need for structured, ongoing, and meaningful consultation with taxpayers throughout the drafting and negotiation process. “In this connection, we regret that an important amendment proposed by EU countries, based on a prior suggestion from India to include references to taxpayer safeguards, was not adopted. This is especially disappointing given that the importance of taxpayers’ safeguards and consultations is recognised domestically across the vast majority of UN member countries. “Additionally, while the inclusion of tax certainty as a guiding principle for the convention is appreciated, effective tax certainty requires broad international support and consistent implementation of new rules. Coordination with existing rules and frameworks established by other international forums is also essential. The business community hopes that the convention will be negotiated with broad consensus and that existing regulations will be duly considered. “We are also concerned by the decision to address the taxation of cross-border services in one of the two protocols to be negotiated simultaneously with the Framework Convention. The ambitious timeline for this process raises concerns about the need to carefully consider the economic impact of new rules on local economies and global trade, particularly for developing countries that are service exporters.” Previous Next

< Back ICC Forum seeks young regional representatives Arbitrage & ADR Feb 19, 2024 The ICC Young Arbitration and ADR Forum (ICC YAAF) has launched a campaign to recruit young practitioners in the field of dispute resolution and avoidance as new regional representatives for its 2024-2026 mandate. The new representatives will start their two-and-a-half-year mandate in June 2024. Current and new representatives will work concurrently until the ICC YAAF Global Conference on 27 September 2024. The conference, linked to the ICC New York Conference , will mark the official handover. Through regional event organisation and local initiatives, regional representatives play a pivotal role in ICC YAAF’s mission to connect young lawyers and in-house counsel to strengthen ties among younger international arbitration and ADR community members. Often hosted by a law firm, ICC YAAF events are dynamic and usually feature networking and social opportunities. As in past years, it is also possible to hold the events virtually and hybrid, to eliminate the burden of geographical frontiers and attract larger attendance. Dr Greg Lourie, currently Counsel at the ICC International Court of Arbitration, was ICC YAAF Representative for Europe and Central Asia from 2021 to 2022. Commenting on his mandate, he said: “Becoming an ICC YAAF Rep was a career-defining experience for me. It’s not just a position; it’s a gateway to a global community where your voice matters. Through YAAF, I gained invaluable skills, expanded my network, and opened doors to new opportunities. I wholeheartedly recommend young arbitration practitioners to apply and contribute to shaping the future of international arbitration.” Practitioners interested in becoming ICC YAAF Representatives can submit their applications through our dedicated application website , where they can also find the requirements for the position. Open to young dispute resolution practitioners aged 40 and under, ICC YAAF provides a range of opportunities for individuals to gain knowledge, develop skills, build networks, and garner a better understanding of ICC’s Dispute Resolution Services. The global ICC YAAF network connects over 37,400 practitioners across seven Regional Chapters in Africa, Middle East , North Asia, South Asia, Europe and Central Asia, Latin America and North America. Learn more about the ICC Arbitration and ADR Forum (YAAF) or contact your regional Head of Chapter. Previous Next

WISE Program Registration Thank you for your interest in joining the WISE program. Completing this form is the first step in the application process. Please note that submitting your information does not guarantee acceptance , as all applications will be reviewed by our selection committee. If you would like to discuss your registration before applying, feel free to email us at info@icc.nl , and we’ll be happy to schedule a call to address your questions. Once your application is approved, we’ll contact you with the next steps to confirm your participation. We look forward to learning more about you and your aspirations! Personal Information First name Last name Email Phone Birthday Month Professional Background Position Company name Address Industry Years of Professional Experience Do you have any experience serving in leadership or board roles? Yes No LinkedIn Profile CV - upload Upload File Educational Background Field of Study Institution Name Highest Level of Education Completed High School or Equivalent Bachelor’s Degree Master’s Degree Doctorate/PhD Other Qualifications Program-Specific Questions What motivates you to join the WISE program? What are your key leadership or entrepreneurial challenges? Agreement I understand the time commitment and agree to actively participate in all sessions. I consent to my data being used for program communication and organization purposes in compliance with GDPR. I consent to the use of my image for promotional purposes during program sessions. Submit

< Back Talking Diversity of Thinking and Employee Voice with Rabobank ICC NL Feb 8, 2024 Interview with Marjo van den Broek, Business Manager Financial Crime Compliance & Founder of the global Rabobank Speak Up initiative and Manon de Zwart, Strategic Communications Advisor. Marjo van den Broek and Manon de Zwart from (long-time ICC member) Rabobank recently held a workshop at the ICC offices about the twin subjects of ‘Diversity of Thinking’ and ‘Employee Voice’. The aim was to give attendees the skills to deal with moral dilemmas more confidently as well as methods to stimulate and engage employees’ voices. Keen to learn more about these two interesting subjects, we caught up with Marjo and Manon to find out more. Can we start by asking for a definition of ‘Diversity of Thinking’? Marjo: We see ‘Diversity of Thinking’ in how different people look at the same thing in different ways. For example, if I draw a number eight on the ground, some people would see a number 8, some people may say it is an infinity sign. Some people might say it was a pretzel and some say it is just a figure. This is what ‘Diversity of Thought’ is about. How does this translate to company processes? Manon: It is applicable for everything. You need to have the right information in order to make the right decision. You can only do that if the people on the work floor share the crucial information to the top. It’s about creating space where employees can speak their minds at all levels in an organisation. However, this unfortunately doesn’t happen in every organisation. Look at recent examples like the issues at NPO and “TheVoice”. Ah yes, so this is the ‘Employee Voice’. Marjo: Indeed – only if you know all the different perspectives, can you see all the opportunities and the risks. You have to look at the pros and cons of a decision, and whether there are guidelines or laws that can help. But laws do not solve everything – that’s why ‘Diversity of Thinking’ and ‘Employee Voice’ are so important. Can we look at how these two subjects are linked to the broader issue of Integrity? What does Integrity mean to Rabobank? Marjo: We collaborate to add value to our clients to contribute to societal challenges. To this end, empowered colleagues build trust; they address each other on unethical behaviour and signal possibilities to improve things. This is fundamental to our bank. Manon: For us as a company, trust is of the essence. You cannot be trusted if there’s no integrity in your organisation. Without trust, a bank would not exist; people trust us to keep their money safe and to do the right thing. And therefore integrity for us is key – it is paramount to the success of banks and we should do what is necessary to safeguard this trust. Rabobank operates in 37 countries. How does it implement this way of thinking throughout its operations? Manon: It’s important to note that topics evolve over time; the sentiment in the market also evolves over time. Therefore it is vital to keep the dialogue going. And because things differ in different countries, we have to stay in dialogue with our own people, our own organisation and our stakeholders about what is ethical. However, what we think is the right decision today is maybe not the right decision when looked at 10 years later. This makes it a very difficult subject, but getting back to the idea of Diversity of Thought – where you have to have all the views in order to make the right decision – for us as a cooperative company, what matters to society, matters to us. So we listen to our stakeholders to make the right decisions. Do companies still encounter dilemmas even if they have all the right decision making tools – such as ethics committees, employee voice initiatives, stakeholder meetings – in place? Marjo: Even with all these initiatives, there can still be real dilemmas. Marijuana in the United States, for example; in some States, it is legal and in others it is illegal. Solar panels are sustainable, but what if they are produced in countries where there are human rights issues? Air guns are used in the Olympic Games, but criminals can also use them in robberies. Because subjects change every day, you cannot really know the future of integrity – it is always going to be led by society. Manon: Besides maintaining the dialogue with society stakeholders, it is therefore crucial to ‘walk the talk’; to do what you say and be authentic. We all want to do the right thing, but we don’t know how something will be perceived in 10 to 20 years. So all we can do is the right thing with the information that we have right now. Download the presentation. Previous Next

< Back Clock is ticking for future of e-commerce and digital trade ICC WBO Jan 24, 2024 A World Trade Organization (WTO) moratorium on customs duties on electronic transmissions is set to expire in February. Without its renewal, the future of e-commerce and digital trade hangs in the balance. The WTO E-Commerce Moratorium will lapse unless WTO members agree to renew it at the WTO’s upcoming 13th Ministerial Conference, which is set to take place next month on 26-29 February in Abu Dhabi. ICC is calling on all WTO members to renew the agreement and has been making the case for its permanent adoption. Without an extension, governments could start to experiment with unilateral tariffs on everything from software, digital payments, and cloud services to the data supporting popular streaming services, disrupting the digital economy and driving up the cost of digital services that businesses across the world depend on to run and grow their operations. ICC Secretary General John W.H. Denton AO said: “ The Moratorium is a critical safeguard and allowing it to lapse would be a historical setback, hurting small businesses and consumers the most, driving up costs and reducing access to knowledge, information, and digital tools. Not only would such a move add to a damaging pattern of escalating tariffs; it would also wreak potential havoc on the online economy. Tariffs really could ‘break the Internet’.” The Moratorium has been in place since the WTO’s Second Ministerial Conference in 1998. Since then, governments have agreed to extend it at the biennial WTO Ministerial Conference. While lacking a specific definition, the term “electronic transmissions” is generally understood to mean anything from software to digital music, movies, and video games. The moratorium has played an important role in the development of the Internet by keeping tariffs off digitally delivered products, services and content. “The agreement has played a hidden – but vital – role in the growth of the Internet economy over the past two decades shielding the Internet from distortions and disruptions induced by levies at national borders. We urge governments to ensure that the moratorium is renewed at MC13 next month,” said Mr Denton. Read more about the WTO E-Commerce Moratorium here . Previous Next

< Back Open letter on the Carbon Border Adjustment Mechanism (CBAM) ICC WBO Apr 29, 2024 In an open letter to European Commission Director-General for Taxation and Customs Union ICC is calling attention to the severe compliance challenges faced by companies during the first reporting period of the transitional phase of the Carbon Border Adjustment Mechanism (CBAM) ICC has written to European Commission Director-General for Taxation and Customs Union to call attention to the severe compliance challenges faced by companies during the first reporting period of the transitional phase of the Carbon Border Adjustment Mechanism (CBAM). While expressive full support for EU’s ambitious efforts to accelerate climate action globally ICC Secretary General John W.H. Denton AO underscores the imperative to ensure that the CBAM does not create unnecessary barriers to global commerce that in turn risk stoking trade frictions and undermining cooperative action to secure a net-zero future. The full text of the letter can be found below or is downloadable from the link above. Mr Gerassimos ThomasDirector-General for Taxation and Customs UnionEuropean Commission Paris, 3 April 2024 Dear Mr. Thomas, I am writing to bring to your attention the severe compliance challenges faced by companies – of all sizes and across a range of sectors – during the first reporting period of the transitional phase of the Carbon Border Adjustment Mechanism (CBAM). To be clear: we are fully supportive of the European Union’s ambitious efforts to accelerate climate action globally – and, moreover, recognise the potential challenge posed by carbon leakage given existing asymmetries in domestic policies. However, to be effective, we believe it is imperative to ensure that the CBAM does not create unnecessary barriers to global commerce – which risk stoking severe trade frictions and undermining cooperative action to secure a net-zero future. In this context, we are eager to work with you to address prevailing concerns related to the implementation of the CBAM which we believe can be resolved through detailed and constructive dialogue with international business. Of particular note, we wish to highlight the following challenges that have been raised with us by a broad spectrum of companies in recent weeks: Access to the CBAM reporting platform: the decentralised process to receive access to the CBAM reporting platform through national competent authorities varies significantly from Member State to Member State, which makes it complex for companies to navigate. In addition, technical issues were faced that impeded many companies from accessing the platform. Technical challenges have also been encountered once the platform was accessed, for example validation errors with commodity codes when using default values for direct emissions. Navigating the submission of CBAM reports: following the instructions for filing, it has been a significant challenge for companies to determine how a report can be submitted by the declarant on behalf of the signatory who certifies that the information is correct. Another challenge many companies encounter when navigating their submission is that the platform is not available in more (EU) languages. High administrative burden: Due to the low de minimis threshold of €150, a large number of transactions is captured in the scope of the CBAM including those traded in low volumes – such as screws and bolts – resulting in disproportionately high compliance costs which are particularly challenging for smaller businesses. It is also difficult for businesses who do irregular low value/weight consignments or are sending samples for which a quarterly or annual threshold could be considered or a simplified reporting procedure. The climate effects of such low weight/value shipments are negligible compared to the bureaucratic burden and the resulting impacts on international transactions. Collection of required data and calculation of embedded emissions: There is an urgent need to assist companies in the EU and – in cooperation with partner countries – abroad with user-friendly calculation methodologies and to recognise and facilitate the complexity of data collection across elaborate global supply chains. Even though many companies, globally, are already monitoring and calculating their embedded emissions, they are based on other methodologies, whose use is only possible until the end of 2024. For the CBAM collection method, the installation guide and the “communication template” are too complicated for most suppliers. In addition to the complex data collection, the information required by law differs from the information that the CBAM excel sheet requires. All importers are focused on completing this excel sheet while exporters are focused on the data required by law. Obtaining the required data across supply chains: There is also a real issue with collecting data across different tiers of the supply chain as many suppliers outside of the EU are reluctant to provide critical information and may even risk violating domestic data protection laws. For example, an intermediary company supplying low-value steel articles downstream will be reticent to reveal the original manufacturer of the respective item to their buyer. There should be a mechanism for DG TAXUD to obtain the required information from operators directly (without importers accessing the information). Especially for non-European companies, there is a difficulty to identify the scope for importation performed in an European country where the company is not established but registered only for VAT purposes. Protection of confidential business information: The type of information that is collected, particularly in the importer’s excel sheet, exposes confidential business information in relation to the product, the production process and inputs that exporters do not want to share. Uncertainty on default values: the use of default values is not available for the entire duration of the transitional period. Given the short deadline to understand and implement CBAM compliant reporting, it should be considered to extend the use of default values throughout the entire transitional phase to facilitate reporting. In view of these challenges, we would like to ask you for a dialogue to explore solutions to address these immediate concerns – as well as a range of other compliance issues that have been faced over the first reporting period. More broadly, we see a real risk of the CBAM fostering an uneven playing field for international commerce: not only affecting the competitiveness of European businesses by increasing their administrative burden and resulting compliance costs – but also posing long-term risks to the integrity of the single market. Retaliatory measures by non-EU countries risk precipitating trade barriers that could further distort global markets – with small businesses likely to be most acutely impacted. Other countries are already starting to design their own CBAMs, with a different methodology, serving not only climate objectives but also protectionist interests. Given this macro- and micro-context, we see an imperative to ensure the CBAM is aligned with a trade policy that fosters fair competition and sustains the EU’s principles of open and fair trade on a global scale. We, of course, appreciate the complexities involved with implementing a forward-looking mechanism such as CBAM – and hope you will see ICC as a genuine partner to achieve its effective implementation. I look forward to hearing from you. Yours sincerely,John W.H. Denton AOICC Secretary General Cc: Director-General for Trade Sabine Weyand; Director-General for Climate Action Kurt Vandenberghe Read ICC recommendations to the European Commission on the implementation of the Carbon Border Adjustment Mechanism – ICC – International Chamber of Commerce ( iccwbo.org ) Previous Next

< Back Stan Putter HBN Law Arbitrator Contact Details Netherlands +31 70 218 9400 Stan.Putter@hbnlawtax.com Additional Links: Link Contact Details Biography Stan Putter has over 15 years of experience in international arbitration. He primarily acts as counsel in international arbitration proceedings and ancillary litigation proceedings, including setting aside and enforcement actions, (ex parte) attachment proceedings, injunctions and evidence taking proceedings. He also sits as (chairman, co- and sole) arbitrator. He has been involved in around 100 arbitrations with seats and applicable laws across the globe. Stan Putter is the chairman of the Dutch Arbitration Association. Languages Spoken Dutch, English Specialisation Construction, Engineering, Energy, Finance, Corporate Law / M&A, Petrochemical, Technology Bar Admission(s) Credentials CV

< Back New Leadership Appointed to DSI Industry Advisory Board Mar 27, 2024 The International Chamber of Commerce (ICC) has announced new appointments to lead the Industry Advisory Board (IAB) of the Digital Standards Initiative, the global platform for digital trade standards alignment, adoption and engagement. Stephan Wolf of GLEIF assumes the Chair role, as the inaugural Chair Gerard Hartsink steps down. Robert Beideman of GS1, continues in his current role as Vice-Chair and is joined by ING banker Lynn Ng as newly appointed Vice-Chair. Since its formation in August 2021, the IAB has convened industry leaders, standards development organisations (SDOs), and trade and technical experts who are dedicated to solving the key challenges of trade digitalisation, including standards, interoperability, and digital trust. The IAB has played a key role in developing a simplified approach to digitalising the end-to-end supply chain under the Key Trade Documents and Data Elements (KTDDE) process. This process provides guidance on digital standards for each point on the supply chain to facilitate data sharing, alignment and interoperability across networks and platforms. Initial parts of the work were published in March 2023 and November 2023, and the conclusion of the work will be marked with a final, comprehensive publication in the weeks ahead. “ Gerard Hartsink , our outgoing IAB Chair, has been instrumental in helping us frame and advance our approach, while bringing together all key stakeholders into a single coherent effort. We are extremely grateful for the foundation he has built, as we turn our attention to driving adoption,” ICC Secretary General John W.H. Denton AO. Stephan Wolf , CEO of the Global Legal Entity Identifier Foundation, who has been serving as Vice-Chair of the IAB since 2023, said: “I am honoured to take on this new role and eager to work with Robert, Lynn and all our IAB members. Together, we will build on the DSI’s accomplishments and scale the adoption of global standards and trusted technology principles to digitalise trade faster and more broadly.” Incoming Vice-Chair Lynn Ng , who leads Sustainable Value Chains for ING Bank and is currently Chair of the ICC Banking Commission, said: “Gerard Hartsink has given generously to the cause of digitalising trade, finance and payments. I’m looking forward to continuing his work on these essential, overlapping areas to build a more sustainable, inclusive future.” Robert Beideman , Chief Product Officer of GS1, who has led the KTDDE work as IAB Vice-Chair, said: “With the KTDDE work, we have reached a significant milestone in presenting a single integrated vision for addressing digitalisation challenges across global supply chains. We’re grateful to all who have supported the work thus far, and excited to continue to work to realise the potential of trade digitalisation globally.” For more information about the ICC DSI, including tools and reports, please visit https://www.dsi.iccwbo.org/ . Previous Next

< Back Bart Neervoort NEERVOORT Mediation Arbitrage (handelsnaam Nirwa Werk ) Mediator Contact Details Netherlands 0031653202437 neervoort@med-arb.nl Additional Links: Link Contact Details Biography Former attorney with 30 year experience in international litigation and arbitration and former judge with the Amsterdam appeal court. Trained as a mediator in the UK (CEDR) and the US (Harvard). International corporate and commercial mediator since 2002. Over 400 mediations since then. Described by parties as a no nonsense dealmaker. Regular mediation appoinments by ICC. Languages Spoken English, Dutch, French Specialisation Transport, Real Estate, Maritime, Joint Ventures, Insurance, Finance and Banking, Energy and Natural Resources, Distribution, Corporate Law / M&A, Consultancy Services (Other than Legal), Construction, Competition, Agency (Representation), Employment, Information and Communication Technologies, Sales, Pharmaceutical, Insolvency, Mass Claims, Personal Injury Bar Admission(s) Credentials IMI, MfN, CEDR, Other CV

< Back Global business urges governments to reject new international cybercrime treaty ICC WBO Aug 13, 2024 ICC warns of serious flaws in the newly adopted UN Convention against cybercrime. Last week the United Nations adopted the first comprehensive global convention aiming to combat cybercrime. ICC has been actively participating in these negotiations since the beginning of the process in 2021 – delivering substantive input on behalf of global business with the aim of ensuring that any new international instrument is truly effective in tackling criminal activity. But the final convention, adopted by UN member states last week, failed to address many fundamental concerns raised by the private sector — posing far-reaching implications that could compromise cybersecurity, data privacy, and online rights and freedoms. In particular, the global private sector notes with regret the direction taken in the final stages of the negotiations, with Member States unable to find effective solutions to address the risks posed in the adopted Convention, which risks to: Undermine privacy and freedom of expression by allowing data collection without proper safeguards and judicial oversight, violating rights and preventing individuals from challenging arbitrary access to their data; Stifle economic growth, reducing potential investment and innovation in digital services at a time when digitalisation is crucial for global socio-economic development, allowing for conflicting national rules that lead to high compliance costs and discouraging or even criminalising cybersecurity research; Jeopardise national security by increasing vulnerability to cybercrime through unchecked data collection, exposing sensitive information and enabling compelled assistance to breach security systems and weaken defences. ICC Secretary General John W.H. Denton AO said: “Businesses worldwide invest heavily in cybersecurity measures, collaborate with law enforcement agencies, and innovate continuously to stay ahead of cyber threats. Despite this commitment and our consistent engagement in the UN negotiations over the past two years, governments have sadly failed to deliver global rules capable to tacking cross-border cybercrime collectively. “We are deeply concerned that the new Convention will undermine collaborative efforts to fight cybercrime — raising broad risks of compromising national security, essential privacy safeguards and key investments in cyber defences. “As such, we urge all governments to consider these fundamental risks carefully before proceeding with ratifying what is ultimately a flawed instrument. “The global private sector remains steadfast in its commitment to preventing, detecting, and fighting cybercrime. To be clear, that effort needs to be backed by enhanced collaboration between governments — but sadly this Convention does not provide a sound or workable basis to strengthen the fight against criminal activity online.” Previous Next

< Back Mirjam van de Hel-Koedoot NautaDutilh Arbitrator Contact Details Netherlands +31 20 71 71 623 Mirjam.vandeHel-Koedoot@nautadutilh.com Additional Links: Link Contact Details Biography Mirjam van de Hel – Koedoot heads NautaDutilh’s arbitration practice and specialises in international arbitration and arbitration-related court proceedings. Mirjam has extensive experience acting as counsel in commercial and investment treaty arbitrations under a variety of arbitration rules (including ICC, LCIA, UNCITRAL, ICSID and NAI Rules). She also regularly acts in complex and high-value court proceedings concerning the setting aside and enforcement of arbitral awards, especially relating to disputes involving bilateral and multilateral investment treaties. Mirjam is Chair of the Executive Board of the European Federation for Investment Law and Arbitration (EFILA) and a board member of the Dutch Arbitration Association (DAA). Languages Spoken Dutch, English Specialisation Commercial, Investment / Public International Law, Enforcement and Annulment of Arbitral Awards Bar Admission(s) Credentials CV