Thomas Catersels

Cyberattacks targeting hospitals, municipalities, critical infrastructure and other public service providers are no longer exceptional. Organisations therefore need to strengthen their resilience against digital threats. On 15 August 2026, the Cybersecurity Act (Cyberbeveiligingswet, Cbw) entered into force. With this Act, the Netherlands implements the European NIS2 Directive. The aim of the Cbw is to require organisations to take their digital resilience seriously and ensure that it is properly addressed. For management boards, this is primarily a compliance issue. However, a closer look at what these obligations mean in practice shows that the works council also has an important role to play.

ABN AMRO made headlines this week in the Financieele Dagblad. The bank wants employees to work from the office more frequently and is currently negotiating this with the trade unions. ABN AMRO is not alone in this – a broader trend is emerging across Dutch businesses. Since the COVID-19 pandemic, working from home has become the new normal. But the tide is turning. An increasing number of companies want employees to spend more time in the office again. Reasons cited include higher productivity, stronger connections with colleagues, greater creativity and a better work-life balance. This may sound logical. However, changing a work-from-home policy is more than simply a management decision.

A management board decides to implement a reorganisation, despite the works council (OR) having issued a negative opinion. The management board nevertheless intends to proceed with the decision. How far does its discretion to organise the company extend? A recent decision by the Enterprise Chamber of the Amsterdam Court of Appeal (OK) shows that this discretion is broad, provided that the management board follows the employee participation process carefully and provides a sound justification for its decision.