Data Protection in the Netherlands: Difference between revisions
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| Data Protection Authority: || [[AP (The Netherlands)]] | | Data Protection Authority: || [[AP (The Netherlands)|Autoriteit Persoonsgegevens (AP) (The Netherlands)]] | ||
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| National Implementation Law (Original): || [https://wetten.overheid.nl/BWBR0040940/ Uitvoeringswet Algemene verordening gegevensbescherming] | | National Implementation Law (Original): || [https://wetten.overheid.nl/BWBR0040940/ Uitvoeringswet Algemene verordening gegevensbescherming] | ||
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| Official Language(s): || Dutch | | Official Language(s): || Dutch | ||
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| National Legislation Database(s): || [https:// | | National Legislation Database(s): || [https://wetten.overheid.nl/zoeken Link] | ||
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| English Legislation Database(s): || n/a | | English Legislation Database(s): || n/a | ||
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===National constitutional protections=== | ===National constitutional protections=== | ||
' | The right to privacy is protected by articles 10 (general right to privacy), 11 (inviolability of one's body), and 13 (secrecy of correspondence) of the constitution. | ||
Provisions of treaties which "by nature and content" may bound, will do so automatically once published (article 93 of the constitution). Because of this, treaties such as the ECHR and ratified protocols have the status of law. | |||
===National GDPR implementation law=== | ===National GDPR implementation law=== | ||
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==== Age of consent ==== | ==== Age of consent ==== | ||
In relation to information society services the age of consent is 16 years following [[Article 8 GDPR|Article 8(1) GDPR]]. | In relation to information society services the age of consent is 16 years following [[Article 8 GDPR|Article 8(1) GDPR]]. | ||
There is no specific age of consent for other support and advisory services offered directly and for free to a minor, following [https://wetten.overheid.nl/BWBR0040940/ | There is no specific age of consent for other support and advisory services offered directly and for free to a minor, following [https://wetten.overheid.nl/BWBR0040940/#Hoofdstuk1_Artikel5 Article 5(5) UAVG]. | ||
In all other situations, the age of consent is 16 years, following [https://wetten.overheid.nl/BWBR0040940/ | In all other situations, the age of consent is 16 years, following [https://wetten.overheid.nl/BWBR0040940/#Hoofdstuk1_Artikel5 Article 5(1) UAVG]. | ||
==== Freedom of Speech ==== | ==== Freedom of Speech ==== | ||
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===Administrative Courts=== | ===Administrative Courts=== | ||
'' | Appeals from the Dutch DPA can be brought before one of the District Courts of First Instance (''Rechtbank - Rb.'') and further to the Administrative Jurisdiction Division of the Council of State (''Afdeling Bestuursrechtspraak van de Raad van State - ABRvS''). | ||
===Constitutional Court=== | ===Constitutional Court=== | ||
There is no constitutional court in the Netherlands. Courts are explicitly prohibited by article 120 of the constitution to judge the constitutionality of national laws or treaties. | |||
=== Supreme Court === | |||
Hoge Raad | |||
As the highest court in the fields of civil, criminal and tax law in the Netherlands, the Supreme Court ('Hoge Raad') is responsible for hearing appeals in cassation and for a number of specific tasks with which it is charged by law. | |||
Het Parket bij de Hoge Raad | |||
The main task of the Procurator General of the Supreme Court is to provide the members of the Supreme Court with independent advice – known as an ‘advisory opinion’ (conclusion)- on how to rule in the cassation proceedings before them. | |||
Latest revision as of 15:00, 23 September 2022
| Data Protection in the Netherlands | |
|---|---|
 | |
| Data Protection Authority: | Autoriteit Persoonsgegevens (AP) (The Netherlands) |
| National Implementation Law (Original): | Uitvoeringswet Algemene verordening gegevensbescherming |
| English Translation of National Implementation Law: | n/a |
| Official Language(s): | Dutch |
| National Legislation Database(s): | Link |
| English Legislation Database(s): | n/a |
| National Decision Database(s): | Link |
Legislation
History
Council of Europe Convention No. 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data was transposed in Dutch law in 1988 in the form of the Wet persoonsregistraties. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data was transposed in the form of the Wet bescherming persoonsgegevens.
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National constitutional protections
The right to privacy is protected by articles 10 (general right to privacy), 11 (inviolability of one's body), and 13 (secrecy of correspondence) of the constitution.
Provisions of treaties which "by nature and content" may bound, will do so automatically once published (article 93 of the constitution). Because of this, treaties such as the ECHR and ratified protocols have the status of law.
National GDPR implementation law
In Netherlands the GDPR is implemented by the Uitvoeringswet Algemene verordening gegevensbescherming.
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Age of consent
In relation to information society services the age of consent is 16 years following Article 8(1) GDPR. There is no specific age of consent for other support and advisory services offered directly and for free to a minor, following Article 5(5) UAVG. In all other situations, the age of consent is 16 years, following Article 5(1) UAVG.
Freedom of Speech
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Employment context
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Research
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Other relevant national provisions and laws
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National ePrivacy Law
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Data Protection Authority
The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is the national data protection authority for the Netherlands.
→ Details see AP (The Netherlands)
Judicial protection
Civil Courts
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Administrative Courts
Appeals from the Dutch DPA can be brought before one of the District Courts of First Instance (Rechtbank - Rb.) and further to the Administrative Jurisdiction Division of the Council of State (Afdeling Bestuursrechtspraak van de Raad van State - ABRvS).
Constitutional Court
There is no constitutional court in the Netherlands. Courts are explicitly prohibited by article 120 of the constitution to judge the constitutionality of national laws or treaties.
Supreme Court
Hoge Raad
As the highest court in the fields of civil, criminal and tax law in the Netherlands, the Supreme Court ('Hoge Raad') is responsible for hearing appeals in cassation and for a number of specific tasks with which it is charged by law.
Het Parket bij de Hoge Raad
The main task of the Procurator General of the Supreme Court is to provide the members of the Supreme Court with independent advice – known as an ‘advisory opinion’ (conclusion)- on how to rule in the cassation proceedings before them.
