Last updated: January 31, 2025
Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport
All indoor workplaces
Smoking is banned in “in a room, building or establishment in which an employee performs or tends to perform his work.” This is interpreted as banning smoking in all indoor workplaces.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor workplaces. However, to clarify the scope of the smoking ban, the law should provide a definition of “workplace” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
All indoor public places
Smoking is banned in an enumerated list of public places. It is possible that the law may unintentionally fail to include a type of public place on this list; however, in practice, the law is interpreted as prohibiting smoking in all public places. Therefore, the regulatory status “Smoke Free” is given.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor public places. However, to clarify the scope of the smoking ban, the law should provide a definition of “public place” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
All public transport
Smoking is banned “in means of passenger transport”. This is interpreted as prohibiting smoking in all public transportation.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport. However, to clarify the scope of the smoking ban, the law should provide a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
Government facilities
Smoking is prohibited in a building or establishment occupied by the State or another public entity. Therefore, smoking is banned in government facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.
Private offices
Smoking is prohibited “in a room, building or establishment in which an employee performs or tends to perform his work.” Therefore, smoking is prohibited in private offices.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.
Hospitals
Smoking is prohibited in any building used for health care. Therefore, smoking is prohibited in hospitals.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.
Residential healthcare facilities - public areas
Smoking is prohibited in any building used for health care. Therefore, smoking is prohibited in public areas of residential healthcare facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of residential healthcare facilities.
Non-residential healthcare facilities
Smoking is prohibited in any building used for health care. Therefore, smoking is prohibited in non-residential healthcare facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.
Childcare facilities/preschools
Smoking is prohibited in any building use for education or social services. Therefore, smoking is prohibited in childcare facilities and preschools.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.
Primary and secondary schools
Smoking is prohibited in any building use for education or social services. Therefore, smoking is prohibited in childcare facilities and preschools.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.
Universities/vocational facilities
Smoking is prohibited in any building use for education or social services. The law explicitly bans smoking in all vocational and higher education facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.
Shops
Smoking is prohibited in a room, building or establishment in which an employee performs or tends to perform his work, which is interpreted to include shops. In addition, the law explicitly bans smoking in all covered shopping centers.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops.
Cultural facilities
Smoking is prohibited in any building used for art and culture or socio-cultural work. Therefore, smoking is prohibited in cultural facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.
Indoor stadium/arenas
Smoking is prohibited in any building use for art and culture, sports, or social-cultural work. In addition, the law explicitly bans smoking in event halls. These provisions are interpreted as prohibiting smoking in indoor stadiums and arenas.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.
Restaurants
Smoking is prohibited in catering establishments. Therefore, smoking is prohibited in restaurants.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.
Bars/pubs/nightclubs
Smoking is prohibited in catering establishments. This is interpreted as prohibiting smoking in bars, pubs, and night clubs.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs.
Casinos
Smoking is prohibited in a room, building or establishment in which an employee performs or tends to perform his work, which is interpreted to include casinos. In addition, smoking is prohibited in catering establishments, which is also interpreted to include casinos.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.
Hotels/lodging - public areas
Smoking is prohibited in any room, building or establishment in which an employee performs or tends to perform his work. This is interpreted to include public areas of hotels.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels.
Hotels/lodgings - guest rooms
Smoking is prohibited in any room or building in which an employee performs work, which could be interpreted to include hotel guest rooms. However, there is an exception to the smoking ban “in areas where privacy may not be invaded,” which may be interpreted as exempting designated hotel guest room. Therefore, the regulatory status “Uncertain” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should clearly prohibit smoking in guest rooms in hotels and lodging facilities.
Prisons/detention facilities - public areas
Smoking is prohibited in any building occupied by the State or other public entity, as well as in any room or building where an employee works. These provisions are interpreted as prohibiting smoking in public areas of prisons.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons and detention facilities.
Trains, buses and other shared ground transportation other than taxis
Smoking is banned “in means of passenger transport”. Therefore, smoking is prohibited in trains, buses, and other shared ground transportation.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses, and other shared ground transport. However, to clarify the ban, the law should provide a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
Taxis (for-hire vehicle)
Smoking is banned “in means of passenger transport”. Therefore, smoking is prohibited in taxis.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxies. However, to clarify the ban, the law should provide a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
Commercial aircraft
Smoking is banned on commercial aircraft on flights to and from airports located on Dutch territory.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.
Commercial watercraft
Smoking is banned “in means of passenger transport”. Therefore, smoking is prohibited in commercial watercraft.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft. However, to clarify the ban, the law should provide a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
Public transport facilities (waiting areas for mass transit)
Smoking is banned in airports and “enclosed space intended for passengers using means of passenger transport.” Therefore, smoking is prohibited in public transport facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.