Data Protection in the Netherlands

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Revision as of 15:00, 23 September 2022 by Kv (talk | contribs) (→‎Supreme Court)
Data Protection in the Netherlands
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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.