Since 1999 Open Source Software, and Open Standards have been a topic in national Dutch politics. In these twenty years goals have been set on multiple occasions, and programs and institutions have been started to accomplish those goals. Open Standard adoption is decent, Open Data is actively encouraged, but adoption of Open Source Software is lacking.

Requesting source code

In July 2017 the then team NL coordinator Maurice Verheessen made a request for the source code of the new application for BasisRegistratie Persoonsgegevens (BRP). In that same month this failed software project was discussed in parliament, and after a request by an MP it was decided to release the source code. In this way the request by Maurice became obsolete and was not further pursued.

In January 2018 a Dutch FSFE support made a request to the Tweede Kamer (second chamber) for the source code of the Debat Gemist app according to the Wet hergebruik overheidsinformatie (Who), a law that is based on the EU PSI directive. That request was declined in December 2018. An appeal was filed on January 2019 which triggered another hearing in April 2019. Again the request was declined, so now an appeal was made to the Bestuursrechter.

On the 22nd of October 2019 the verdict came: source code is not considered the reusable form of the published binary (verdict).

At the Pre-FOSDEM event Nico gave a presentation on the current status (slides).

In March 2020 we decided to appeal to the Dutch supreme court Raad van State, as we found that the source maps were being published and thus the source code was indeed made public and was thus susceptible for a request for reuse.

Similar cases

Public code

Public code that is already public. It covers a wide range of software, including semi-public organizations.

Ministerie van Binnenlandse Zaken en Koninkrijksrelaties (BZK)

Rijksinstituut voor Volksgezondheid en Milieu (RIVM)


Code for NL

Overheidsproject Digitaal Stelsel Omgevingswet


Vereniging Nederlandse Gemeenten (VNG)

Activities/PMPC/nl (last edited 2020-04-17 06:11:53 by nico.rikken)