Canada
The Canadian government continues to scrutinize foreign investments by state-owned enterprises and state-linked private investors, especially if from "non-like-minded" countries.
Now in its second decade of publication, White & Case's 2026 Foreign Direct Investment Reviews continue to provide a comprehensive overview of foreign direct investment ("FDI") laws and regulations across jurisdictions worldwide.
In this edition, we offer key datapoints to help inform parties and their advisors as they evaluate the evolving challenges presented by FDI screening requirements in cross-border transactions spanning multiple countries. National security-based FDI regimes continue to proliferate globally, with many jurisdictions adopting broader definitions of investments and the sectors subject to review continuing to expand.
FDI screening regimes are entering a more mature phase, and regulators are developing a more sophisticated approach to detecting and reviewing foreign investments. It is therefore critical to consider applicable FDI requirements as transactions, whether mergers and acquisitions, joint venture agreements, public equity offerings or financial restructurings, are negotiated. A clear understanding of potential challenges, the remedies that may be required for approval and the appropriate allocation of FDI risk can help avoid unwelcome surprises related to timing, deal certainty and the execution of business plans.
With a renewed US commitment to open foreign investment from allied countries, ongoing EU cooperation on FDI screening and evolving geopolitical dynamics, FDI screening will increasingly influence the selection of investors in cross-border transactions. New initiatives by the European Commission may also result in increased coordination among FDI authorities in EU Member States, all of which have adopted their own national FDI regimes by 2026.
We continue to believe that most cross-border transactions will be successfully completed in 2026, but understanding the regulatory and institutional parameters, as well as the evolving risks associated with FDI screening, will be critical to maintaining deal certainty and timing.
The Canadian government continues to scrutinize foreign investments by state-owned enterprises and state-linked private investors, especially if from "non-like-minded" countries.
Foreign direct investment ("FDI"), whether undertaken directly or indirectly, is generally allowed without restrictions and without the need to obtain prior authorization from an administrative agency.
The landscape of foreign direct investment ("FDI") in the United States continues to evolve under the Trump administration. With expanded jurisdiction and authorities, mandatory filings applying in certain cases, an enhanced focus on a broad array of national security considerations, further attention and resources dedicated to monitoring, compliance and enforcement, and a substantially increased pursuit of non-notified transactions, the FDI apparatus in the United States is more empowered now than perhaps at any time in its history.
The European Union continues to be a driver of foreign direct investment ("FDI") screening, with coordinated and mandatory enforcement now on the horizon.
The wide scope, low trigger thresholds and broad interpretation of the Austrian Foreign Direct Investment ("FDI") regime require a thorough assessment and proactive planning throughout the mergers and acquisitions ("M&A") process.
The Belgian foreign direct investment ("FDI") screening regime entered into force in July 2023. Investors and authorities alike are still coming to grips with the regime and the limited guidance available to help parties navigate it.
On July 22, 2025, the Bulgarian Foreign Direct Investment (FDI) screening mechanism entered into effect. According to information provided by the screening authority (the "Screening Council"), during its first two months of operation (September and October 2025), the Screening Council approved 10 screening applications out of 11 filed during that period. The investment in all of the above instances originated from so-called "low-risk" countries, and the applications were cleared within a short time frame. As of January 1, 2026, the Screening Council does not yet have an online register, and at present there is no information about the number of filed or pending applications. There is also no information indicating that any FDI has been prohibited or approved subject to conditions.
Croatia introduced a foreign direct investment ("FDI") screening regime on November 13, 2025. As of January 1, 2026, the regime is not yet operational but expected to be implemented soon.
The Republic of Cyprus' ("RoC") new Foreign Direct Investment Screening Law (the "FDIS Law") will reshape the investment landscape from April 2, 2026, introducing look-back provisions, a screening remit, internal change trigger points, and relatively low notification thresholds.
The Czech Foreign Investments Screening Act took effect in May 2021, establishing the rights and duties of foreign investors and setting screening requirements for Czech targets.
The scope of the Danish foreign direct investment ("FDI") regime is comprehensive and requires a careful assessment of investments and agreements involving Danish companies.
The relevance of Estonia's foreign direct investment ("FDI") screening mechanism has remained modest since its inception at the end of 2023 but is expected to grow in light of the geopolitical situation, on account of increased activity in the defense sector.
Foreign direct investment ("FDI") deals are generally not blocked in Finland, but the government is able to monitor and, if necessary, restrict foreign investment.
French foreign direct investment ("FDI") screening continues to focus on foreign investments involving medical and biotech activities, food security activities or the treatment, storage and transmission of sensitive data. The nuclear ecosystem is subject to very close scrutiny. Around half of the transactions reviewed every year are subject to conditions or remedies, which is an important French specificity. Recent trends also show a growing number of transactions being reviewed, suggesting a shift toward increased scrutiny of foreign investments in France.
Following numerous amendments over the past years, Germany's foreign direct investment ("FDI") review continued in full swing, with further significant updates expected in the coming years.
Greece's mandatory and suspensory foreign direct investment ("FDI") screening regime became fully operational on November 11, 2025. Foreign investors must comply with notification requirements and consider review timelines in deal planning.
Hungary's foreign direct investment ("FDI") regimes faced temporary headwinds in 2025, but no lasting regulatory changes ultimately took hold.
Ireland's Screening of Third Country Transactions Act entered into force on January 6, 2025.
Italy's "Golden Power Law" review: Over a decade old, yet continuously expanding its reach.
The Latvian foreign direct investment ("FDI") regime applies to companies of significance to national security, as well as companies owning or possessing critical infrastructure. While the law does not provide a general notification obligation, specific rules establish sectoral FDI regimes for certain corporate mergers and acquisitions ("M&A"), real estate transactions, and gambling companies.
All investments concerning national security are within the scope of review in Lithuania.
Two years after its entry into force, the Luxembourg foreign direct investment ("FDI") screening regime has reached a solid level of maturity, and its requirements are now well understood by market stakeholders. The year 2025 proved to be particularly active and dynamic for M&A transactions in Luxembourg, notably involving targets in the financial sector, with multiple FDI filings submitted.
Malta's foreign direct investment ("FDI") regime regulates specific transactions that must be notified to the authorities and may, in some instances, be subject to screening.
The Middle East continues to welcome foreign investment, subject to licensing approvals and ownership thresholds for certain business sectors or in certain geographical zones.
The Netherlands is set to expand its investment screening regime by extending the general mechanism to more sectors and by introducing additional sector-specific regulations.
Norway's foreign direct investment ("FDI") screening regime is anchored in the Norwegian Security Act (the "Security Act" or the "Act"), which imposes mandatory filing requirements for transactions involving companies designated as security sensitive. The Act also confers wide discretionary authority on Norwegian authorities to review and intervene in transactions involving non-designated companies where national security interests may be at risk.
In 2025, Poland's foreign direct investment ("FDI") regime was made permanent, and responsibility for its enforcement was transferred to the Ministry of Finance and Economy.
In Portugal, transactions involving the acquisition of control over strategic assets by entities residing outside the European Union or the European Economic Area ("EEA") may be subject to foreign direct investment ("FDI") screening.
While far-reaching in its scope, compared with other countries in the European Union, the Romanian foreign direct investment ("FDI") regime is generally perceived as investor-friendly.
The year 2025 was not marked by any major changes in the sphere of regulation of foreign investments in Russia, and the regulator continues to implement the course on strengthening control taken earlier.
The year 2025 continued with the implementation of the course set earlier in 2023 and 2024, with few substantial updates to cybersecurity legislation extending FDI regulation to new fields of business critical for the Slovak Republic.
Since 2020, certain foreign direct investments ("FDI") have been subject to scrutiny in Spain. Additional formalities have since been introduced through developing FDI regulations that entered into force on September 1, 2023. As a result, FDI analysis is becoming increasingly important in the context of investments in Spain.
Entering its third year, Sweden's foreign direct investment ("FDI") Act remains a key consideration in a significant share of transactions involving Swedish companies.
Switzerland is set to introduce its first cross-sector foreign direct investment ("FDI") screening regime. On December 19, 2025, the Swiss Parliament approved the new FDI Act, Investitionsprüfgesetz, establishing a review mechanism focused on foreign state-controlled investors and security-sensitive sectors. The regime is expected to take effect in 2027 at the earliest.
Sustaining economic stability and building on the strong foreign direct investment ("FDI") momentum of 2025, Türkiye continues to prioritize policies that strengthen its position as an attractive and competitive investment hub.
During September and October 2025, the Ukrainian Parliament introduced an updated foreign investment screening framework, marking a significant step toward strengthening national security controls over inbound investments.
Foreign direct investment ("FDI") is permissible in the United Arab Emirates, subject to applicable licensing and ownership conditions.
Foreign direct investment ("FDI") in the United Kingdom is covered by the National Security and Investment Act ("NSIA") 2021 (which equally applies to UK purchasers), and in 2025 the government continued to update information and guidelines concerning the legislation.
Australia's foreign direct investment ("FDI") regime underwent significant changes in 2025, including measures to streamline the process for assessing investment applications. Australia's new mandatory merger clearance regime also commenced January 1, 2026.
China continues to optimize its foreign investment environment by reducing investment restrictions, improving market access, and lowering investment thresholds for listed companies.
The Indian government has liberalized foreign direct investment ("FDI") rules in certain sectors, such as the space sector, in recent years and is laying the groundwork for 100 percent foreign investment in the insurance sector, while maintaining existing restrictions on investments from sensitive jurisdictions. This reflects the government's approach toward foreign investment: welcoming foreign capital where it aligns with India's strategic goals, while continuing to protect core interests.
The Japanese government is expanding the business sectors subject to Japan's foreign direct investment ("FDI") regime, which covers not only investment but also voting and other actions, to secure stable supply chains and mitigate the risk of technology leakage and diversion of commercial technologies into military use.
The Republic of Korea ("Korea") is entering a more security-focused era of foreign direct investment ("FDI") regulation, with proposed amendments to the Foreign Investment Promotion Act ("FIPA") and longer screening processes requiring foreign investors to adopt proactive regulatory planning and heightened compliance.
Significant changes to the New Zealand overseas investment regime were passed into law in December 2025 and came into force on 6 March 2026. A number of these changes have made it considerably simpler and faster for overseas investors to acquire certain classes of New Zealand assets.
Taiwan continues to promote foreign direct investment ("FDI") under a two-track screening mechanism for foreign investors and People's Republic of China ("PRC") investors.
The scope of the Danish foreign direct investment ("FDI") regime is comprehensive and requires a careful assessment of investments and agreements involving Danish companies.
Jesper Fabricius, Rikke Sonne and Christian Damsgaard Kristensen (Accura Law Firm) authored this publication
The Danish Investment Screening Act ("DISA") applies to FDIs and "special financial agreements" (certain specified supply, operating, service and R&D agreements). The DISA also applies to certain contracts relating to the Danish energy island in the North Sea. The DISA is administered by the Danish Business Authority ("DBA").
No significant changes have been made to the DISA or the Danish FDI regime in 2025.
FDIs and certain special financial agreements are investments or agreements that are made or entered into by foreign investors or service providers, including non-Danish citizens; companies not domiciled in Denmark, even if the company has a permanent establishment in Denmark; companies domiciled in Denmark if the company is a subsidiary of a company not domiciled in Denmark; or companies domiciled in Denmark if a non-Danish citizen or a company not domiciled in Denmark has control over or significant influence on it.
The filing obligation concerning contracts relating to the energy island in the North Sea applies to all tenderers and contracting (and subcontracting) parties.
The filing obligation rests with the foreign investor, and filings must be made digitally to the DBA using the DBA's designated application forms. The filing must include detailed information on the investment or agreement, the foreign investor, and the Danish target company, including ownership structure charts of the foreign investor and the Danish target company before and after the investment or agreement.
The submission of an EU notification form may be required for investments entering Phase 2.
The filing obligation only relates to FDIs in, and special financial agreements with, Danish entities operating within "particularly sensitive sectors or activities." These include the defense sector; IT security functions or processing of classified information; production of dual-use items; critical technology; and critical infrastructure.
Filing to the DBA is mandatory if the foreign investor directly or indirectly acquires at least 10 percent of the shares or equivalent control by other means. The obligation applies to all foreign investors, including those in the EU and the European Free Trade Association ("EFTA").
For special financial agreements, a filing obligation only applies to foreign investors domiciled outside the EU or EFTA, or where at least 25 percent of the shares or equivalent control by other means are held by non-EU/EFTA entities or citizens, meaning the entity is under significant influence from non-EU/EFTA parties.
The DBA may intervene even in investments in, or special financial agreements with, entities outside the particularly sensitive sectors or activities if the investment or agreement nevertheless poses a threat to national security or public order. This only applies if the foreign investor is domiciled outside the EU/EFTA or under significant influence from non-EU/EFTA entities or citizens. The risk of intervention may be avoided by a voluntary filing to, and approval from, the DBA.
Contracts relating to the Danish energy island in the North Sea are also subject to a filing obligation.
When assessing whether an FDI or a special financial agreement may constitute a threat to national security or public order, the DBA will take all relevant circumstances and available information into account.
The DBA considers whether the Danish target operates within or influences the critical infrastructure sector; whether the target processes or has access to classified information or sensitive personal data; the target's position on the Danish market, including opportunities for substitution; whether the Danish target belongs to the defense industry, produces dual-use items, or other critical technology of importance to national security or public order; and whether the Danish target is involved in the supply of critical raw materials, including energy and food safety.
With respect to the foreign investor, the DBA considers whether the investor is directly or indirectly controlled by a foreign government, including foreign government agencies or armed forces of a third country, including through ownership or substantial financing. The DBA also considers whether the foreign investor is, or has been, involved in activities affecting security or public order in an EU Member State or in other friendly and allied countries; whether there is a serious risk that the investor will engage in, or is involved in, illegal or criminal activities significant to national security or public order; and whether there are indications that the investor is deliberately attempting to circumvent the screening rules, for example through the use of front companies.
The DBA will consult other relevant Danish authorities, EU Member States, and the EU Commission when making the assessment.
The review process for Danish FDI filings is divided into two phases. Phase 1 begins once the DBA declares the foreign investor's application for approval to be complete and must be concluded within 45 calendar days. A Phase 1 screening may result in approval or the opening of Phase 2 proceedings.
If the DBA cannot approve the transaction within the prescribed Phase 1 deadline but determines that a further investigation or information is required, it will initiate Phase 2 proceedings. Phase 2 will not begin until the DBA has declared that all requested information has been submitted and must be concluded within 125 calendar days from the initiation of the in-depth investigation.
A Phase 2 screening may result in approval, a decision to negotiate terms with the foreign investor, or submission of the application to the Minister for Industry, Business and Financial Affairs for a final decision. There is no formal deadline for the Minister's review.
The scope of the DISA is very broad. In particular, assessing whether a Danish target operates within the particularly sensitive sectors and activities requires careful analysis of the target's business activities.
A pre-screening option is available, allowing a foreign investor to obtain a fast-track assessment from the DBA as to whether a Danish entity operates within the sensitive sectors of critical technology or critical infrastructure. Pre-screening applications must be submitted digitally to the DBA, and a response may generally be expected within one to two weeks. Pre-screening can only determine whether a Danish entity falls within the sensitive sectors of critical technology or critical infrastructure, not whether it falls within other sensitive sectors and activities. The DBA tends to request a full filing if it cannot readily determine that the Danish entity is not operating in critical technology or critical infrastructure.
The DISA also applies to a foreign investor's investment in targets outside Denmark if the target has a Danish subsidiary operating within the particularly sensitive sectors and activities.
The DBA has a duty to offer reasonable guidance to citizens and businesses. Although the scope of this duty is relatively opaque, the DBA is generally forthcoming in providing informal guidance on the application of the DISA. In sensitive circumstances, however, limited upfront guidance may be expected.
There are no fines for noncompliance with the DISA. With respect to foreign investments in shares, the principal sanction is that the Danish authorities may require the foreign investor to dispose of its investment or, alternatively, suspend voting rights attached to the shares. Depending on the circumstances, this could potentially result in the Danish target being dissolved. With respect to special financial agreements, such agreements may ultimately become null and void.
The DBA initiated a public hearing on the DISA in March 2024 to incorporate experiences from the practical application of the Act into its evaluation. The hearing materials addressed themes of particular interest to the DBA, including the DISA's exceptions for internal corporate restructurings, special rules for listed companies, greenfield investments, the delineation of critical infrastructure and critical technologies, the relationship between public procurement rules and FDI screening, and experiences with the DBA's two-phased review process. It remains uncertain whether, and when, the hearing will lead to further amendments to the DISA.
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