The House of Representatives adopted the new Archives Act on 18 February 2025, a significant step towards modernising the archival system. The Act, which now proceeds to the Senate for consideration, introduces major changes for public authorities, lawyers, archivists and IT professionals. The new Archives Act is expected to enter into force on 1 July 2026, although this date remains subject to change.
Why a new Archives Act?
The current Archives Act dates from 1995, a period when digital information was still in its infancy. Since then the volume of digital government information has grown exponentially. Databases, emails and websites have largely replaced paper documentation. The COVID-19 pandemic also ensured that from 2020 onwards remote working became a lasting norm. This accelerated digital collaboration and generated even more digital information flows. This digital transformation calls for a completely new approach to archiving.
The main changes in the new Archives Act
1. Transfer within ten years
The reduction of the transfer period from twenty to ten years is perhaps the most far-reaching amendment. Halving the period not only means that information becomes public sooner but also has significant consequences for organisational workflows. Documents must now be assessed earlier for their enduring value, which requires stricter discipline in records management from the outset. Information systems must be designed so they can label documents from the start for later archiving or destruction. This shift demands a fundamentally different timeline and planning process for information management within public authorities.
2. Mandatory archivist for every public authority
The new Act requires every public authority to appoint an archivist. This goes beyond creating a new role. It reflects the recognition of archival management as a key professional discipline within public organisations. The archivist will hold a formal position with associated powers and responsibilities. These professionals must meet specific education and certification requirements. Organisations must therefore invest in recruiting or training qualified staff. The Association of Netherlands Municipalities (VNG) has calculated that for municipalities alone this represents a cost of 2.2 million euros.
3. From three to fourteen grounds for restriction
Expanding the number of grounds for restricting public access from three to fourteen marks a shift towards greater precision and stronger accountability. Public authorities can no longer rely on general reasons for restricting access. They must provide specific justification for why certain information cannot be disclosed. Each restriction must also include a date or trigger for re-evaluation, leading to a more transparent and verifiable decision-making process. This expansion requires organisations to revise their assessment frameworks and train staff to apply the more detailed criteria. Using appropriate search technology can support this process.
4. Digital archiving
The new Archives Act encourages public authorities to ensure proper archiving from the start and to destroy files in time when they no longer need to be kept. The Act recognises that digitalisation is now the modern foundation for internal operations and public services. Sustainable accessibility is central, with specific requirements for file formats and metadata to ensure long-term usability. This change means that information management is no longer a matter of storing documents afterwards but of deliberate design from the beginning.
What does this mean for your organisation?
Investing in digital infrastructure and information-management processes
Organisations must review their digital infrastructure to comply with the new requirements for digital archiving. This includes not only technical systems but also the processes and procedures for managing documents from the moment they are created.
Education and training
The mandatory appointment of archivists means that organisations must invest in their education and training. The National Archives is currently developing guidance to help record creators and archival services prepare for the new rules. One example is the guidance on ‘Public Access during and after Transfer’, which is already available. Further modules will follow later this year on assessing access requests, adjusting access restrictions and weighing up decisions when making documents available.
2026 is approaching fast
The new Archives Act brings fundamental modernisation to the archival system. Although it may seem far away, 2026 is already next year. Preparing for transfer, including determining any access restrictions, takes time. Organisations would be wise to start preparing now by investing in digital infrastructure, staff training and the revision of document-management processes.
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