Netherlands

The Netherlands – First GDPR fine imposed: EUR 460,000

Today, the Dutch Data Protection Authority (Autoriteit Persoonsgegevens, “Dutch DPA“) issued its first GDPR-fine of EUR 460,000. The fine is imposed on the Dutch Haga Hospital for having an insufficient internal security of patient records. The fact that the first GDPR-fine was imposed on a hospital isn’t a complete surprise, as already in December 2018, …

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The Netherlands – DPA reiterates strict position on alcohol, drug and medicine testing   

The Dutch Data Protection Authority published an article in which it again affirms that testing employees on alcohol, drugs or medicines can only be performed if there is a specific legal basis to carry out such tests. Earlier, the Dutch DPA gave an explanation on some Q&A’s on this subject. The Dutch DPA states that …

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The Netherlands: S.A. states that websites must be accessible at all times; cookie wall not allowed

On 7 March 2019, the Dutch Supervisory Authority (“S.A.”) created quite some buzz in the online Dutch (advertising) industry: websites that only give visitors access to their site if they agree to tracking cookies (or similar technologies) do not comply with the GDPR. This also means that the so-called cookie walls that are placed on  …

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EU: EDPB provides more clarity on the legal basis for processing data in clinical trials

By Ilias Abassi Since the implementation of the GDPR, there has been much discussion with respect to the appropriate legal basis for the processing of personal data in the context of a clinical trial, in particular how this relates to the Clinical Trials Regulation (CTR) which is expected to enter into force in 2020. There …

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NETHERLANDS: Dutch Data Protection Authority received record amount of data breach notifications in 2018. Earlier today, the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) issued a press release stating that it received 20,881 notifications of data breaches in 2018. In comparison to 2017, the amount of data breach notifications has (more than) doubled. The largest amount …

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THE NETHERLANDS: Dutch SA initiates exploratory investigation into DPAs

The Dutch Supervisory Authority (Autoriteit Persoonsgegevens, “AP”) recently communicated a press release stating that it reached out to 30 organizations to request information relating to their data processing agreements (DPAs).  Organizations that have been contacted are companies in the media, energy and trade sectors. The AP has requested, among other things, what agreements organizations have …

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The Netherlands: Health sector once again on the radar of DPA

The Dutch Data Protection Authority (Autoriteit Persoonsgegevens,  “Dutch DPA“) previously stated that it shall focus its enforcement actions on the public and health sector, and seems to act upon its words. Just a few months after the Dutch DPA inspected more than 100 hospitals and health insurers on whether they comply with the obligation to …

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THE NETHERLANDS: almost 5500 data breaches notified in 2016

By Richard van Schaik and Róbin de Wit The Dutch Personal Data Protection Authority (Autoriteit Persoonsgegevens, “AP”) revealed that almost 5500 data breaches have been notified since the legislation on mandatory data breach notification duties entered into force on 1 January 2016. Pursuant to this legislation, it is mandatory for all types of data controllers …

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THE NETHERLANDS: change in whistleblowing legislation

By Richard van Schaik and Róbin de Wit   As from 1 July 2016, the Dutch Whistleblowers Act (Wet Huis voor klokkenluiders, “Act”) will come into force, introducing statutory legal protection for whistleblowers. Important change is that it becomes obligatory for companies employing 50 or more employees to establish an internal whistleblowing policy as per …

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