Coalition takes legal action over DigiD provider takeover

The group of advocates - consisting of Esther van Egerschot, Maxim Februari, Felienne Hermans, Bert Hubert, Joris Luyendijk, Caroline Nevejan, Reijer Passchier, Jelle Postma, Sander Schimmelpenninck, Eric Smit, Karin Spaink, Marleen Stikker, Kees Verhoeven, the Firewall Foundation and Privacy First - sent on Monday, 12 January last, sent a fire letter to BTI. In it, we urgently pressed for that information regarding the acquisition of the company Solvinity Group B.V. (Solvinity) by US tech multinational Kyndryl Inc (Kyndryl) so that we, as interested citizens and organisations, could be involved in that review process.

The decision concerns BTI's refusal to comply in time with our urgent request for full disclosure on this matter, in particular on whether and how this acquisition of Solvinity will be tested against national security.

Solvinity manages the infrastructure behind DigiD, the system that allows citizens to identify themselves digitally to all kinds of Dutch government agencies - including the Tax Authority as well as insurers, healthcare and service providers. DigiD is legally designated as a service of vital importance to our society.

Kyndryl claims to be the world's largest provider of IT infrastructure services and is subject to US legislation. Under that legislation, the US government can demand access to data and systems, which conflicts with the interests of the Netherlands and the privacy of Dutch citizens. Indeed, putting part of our vital digital infrastructure in US hands increases the Netherlands’ vulnerability to failure, manipulation or even blackmail.

It is now a fact of common knowledge that the US government (partly for the benefit of Big Tech companies' interests) sometimes intimidates and sanctions individual citizens and organisations participating in the public debate by improper means. Again, this potential weakening of our democratic rule of law is not only a matter of national security, but also touches on the individual freedoms and security of citizens. This is particularly true for our advocacy group, which is often publicly critical of the behaviour of the US government and Big Tech companies.

The group therefore demands openness from the Minister of Economic Affairs on the acquisition of Solvinity and wants to know what communications have been made by the minister in the context of the review of Solvinity and Kyndryl and whether it has already been determined by the minister that a review decision is required. If the review decision has already been made, the group demands a copy of it from the minister.

The advocacy group is being represented by lawyers Matthijs Kaaks (Boekx Advocaten) and Roland Mans (De Geer Advocaten).

Read HERE the objection and HERE the parallel request for injunctive relief (pdf).