What the ACM’s 2026 Digital Agenda Means for Your Business and What You Can Do Today

The Netherlands Authority for Consumers and Markets (ACM) has set out its priorities for the digital economy in 2026. While much of the focus is on large tech companies, the impact on businesses of all sizes is real, especially if you operate online, use platforms to reach customers, work with cloud services, or handle data in any form.

Below you can find out what is changing across 5 areas and what you can do about it today.

• 1. Fairer Online Markets: More Room to Compete

  The ACM aims to limit the power of dominant platforms Alphabet (Google), Amazon, Apple, Meta, Microsoft, Booking.com and ByteDance and create fairer conditions for businesses that depend on their platforms.

  What’s changing?

  • Large platforms (“gatekeepers”) must comply with stricter EU rules (this relates to the EU's Digital Markets Act).

  • Practices like self-preferencing and unfair contract terms are under scrutiny.

  • Switching between platforms and services should become easier.

  What you can do today

  • Review your agreements with platforms (marketplaces, app stores, booking sites, advertising platforms).

  • Check for:

    • Exclusivity clauses

    • Restrictions on pricing or visibility

    • Terms that limit your freedom to operate

  • Document any unfair treatment or unexplained changes in terms.

  • Explore alternative platforms to reduce dependency.

• 2. Cloud Services & Vendor Lock-In

  What’s changing?

  • More attention to interoperability and data portability.

  • Possible regulatory intervention if switching remains difficult.

  • Increased focus on European digital infrastructure.

  What you can do today

  • Map your current IT and cloud dependencies:

    • Who are your providers

    • Where is your data stored

    • Under which jurisdiction.

  • Check contracts for:

    • Exit clauses

    • Data migration limitations

    • Switching costs

  • Consider whether a multi-cloud or hybrid setup is feasible.

  • Investigate if you needed to move your data tomorrow whether you could do it, and what would it cost.

• 3. Stricter Consumer Protection Online

  The ACM will intensify enforcement on online consumer rights and misleading practices by businesses.

  What’s changing?

  • Increased scrutiny of “deceptive design” (dark patterns).

  • Stronger enforcement of transparency and fairness in online sales.

  • More attention to vulnerable users, including minors.

  What you can do today

  • Review your website or app for:

    • Clear pricing and product information

    • Easy cancellation and return processes

    • Transparent terms and conditions

    • Accessibility for people with disabilities  (this concerns the European Accessibility Act)

  • Avoid:

    • Fake scarcity (“only 2 left!” if untrue)

    • Hidden costs or pre-ticked options

    • Subscription cancellation flows designed to frustrate

    • Chatbots that make filing a complaint nearly impossible

  • Test your customer journey whether it is clear and fair from start to finish.

• 4. Data Access and New Opportunities

  Data is becoming a key competitive factor, and the ACM wants to improve access and sharing.

  What’s changing?

  • Users gain more control over data generated by devices and services.

  • Businesses may gain access to more third-party data.

  • New rules will govern how data can be shared and reused.

  • Intermediary services that facilitate data sharing (databemiddelingsdiensten) are now required to register with the ACM.

  What you can do today

  • Identify what data your business:

    • Generates

    • Uses

    • Could benefit from

  • Check whether you rely on data you cannot access or control.

  • Investigate:

    • Data-sharing opportunities

    • Partnerships with other businesses

  • Ensure compliance with privacy and data protection rules.

• 5. A More Active Regulator

  The ACM is not only enforcing rules in 2026 but also actively monitoring markets and informing businesses.

  What’s changing?

  • More investigations into digital markets (e.g., platforms, software providers).

  • Greater cooperation at EU level.

  • Increased guidance and communication toward businesses.

  What you can do today

  • Stay informed about regulatory developments in your sector and check whether your sector is likely to be subject to a market investigation in 2026.

  • Monitor ACM publications and guidance relevant to your sector.

  • Review whether your compliance setup reflects the current regulatory environment.

  • Be prepared to adapt your business practices if rules evolve.

  • Consider participating in consultations or providing feedback.

The ACM’s 2026 agenda reflects a broader shift: the digital economy is becoming more regulated, more transparent, and more competitive.

For businesses, this brings both challenges, in the form of stricter compliance and oversight, and opportunities, through fairer competition and better access to data.

Businesses that take early, practical steps by reviewing contracts, improving transparency, and understanding their data position, will be better prepared for what’s ahead.

Need Help Navigating These Changes?

If you want to understand what this agenda means specifically for your contracts, compliance setup, or digital operations, feel free to reach out to FBQ Legal.

Getting clarity early can help you avoid risks and take advantage of the opportunities the evolving digital landscape offers.