Privacy Law

The “privacy law” jurisdiction regulates how privacy and personal data are handled. Personal data is data concerning an identifiable person. Until May 25, 2018, privacy law in the Netherlands was regulated in the Personal Data Protection Act (Wbp). Since then, a European regulation applies; The General Data Protection Regulation (GDPR). This privacy legislation regulates, among other things, when personal data may be processed, what rights the data subject has and how supervision of compliance with the law is being held. In addition, a new ePrivacy Regulation is being prepared, which will replace, among other things, the current cookie law. This type of legislation is of great importance because it regulates the privacy of people. Non-compliance can lead to data leaks and serious (reputation) damage.

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What do we do?

Privacy laws also apply to the internet. Because cloud services are increasingly being used, privacy legislation on the internet is also playing an increasingly important role. Personal data can soon be involved. Name, address and place of residence are of course personal data. But also, for example, the IP address is personal data.

In the Netherlands, the Dutch Data Protection Authority supervises compliance with privacy legislation. For example, we can assist you if you have a dispute with the Dutch Data Protection Authority. We can also advise you on the extent to which your working method should change if the Wbp makes way for the GDPR. In the event of a data breach, we can advise you on how to proceed. In addition, the handling of disputes about processor agreements is part of our daily practice. Exercising the rights of data subjects, such as submitting a removal request to Google or other service providers, is also an opportunity.

Privacy lawyer Wouter Dammers is CIPP / E certified by the International Association for Privacy Professionals.

Examples of Privacy Law Cases handled

We have dealt with various issues related to privacy law. Below are some examples:

  • For a customer, we have submitted a removal request to Google regarding undesirable search results;
  • We have advised several clients on their obligations under privacy laws;
  • We have assisted a customer (processor) in a dispute with the controller about the execution of a processor agreement;
  • We have carried out a data breach notification obligation for a software supplier;
  • We have successfully assisted an online service provider that was sued by the Dutch Data Protection Authority for the use of tracking cookies;
  • We regularly request name and address details for internet customers from internet intermediaries in the event of an infringement of intellectual property rights.
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What can we do for you?

We can do several things for you in privacy law matters, including the following:

  • We can estimate your legal position, for example with regard to the obligation to report data breaches to the supervisory authority;
  • We can assist you in submitting a removal request to Google regarding your personal data;
  • We can assist you in a dispute with the supervisory authority (the Dutch Data Protection Authority);
  • We can assist you in a dispute with a processor or controller, for example about the lack of appropriate technical and organizational security measures;
  • We can assist in responding to data subject requests, such as the right to be forgotten, the right to object, the right of access, or the right to have personal data removed.
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Contact

Want to know more about privacy legislation on the internet? Do not hesitate to contact us. We have a team available for you that is happy to answer all your questions about privacy law.

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