Netherlands: The European General Data Protection Regulation In The Dutch Workplace

Last Updated: 11 July 2017
Article by Eugenie Nunes and Epke Spijkerman

Introduction

The European General Data Protection Regulation (the 'Regulation') will take effect on 25 May 2018. The Regulation will replace the current European Data Protection Directive of 1995. The Dutch Data Protection Act (locally known as 'Wbp') will expire by the effective date of the Regulation. The Regulation will be directly applicable in all the EU Member States, without the need for conversion into national legislation. These developments bound to have an impact on labour law practices in the Netherlands. Employers process personal data of their employees for numerous reasons. Think of: the usual data processing for staff administration purposes, data processing for sickness absence counselling, and data processing in relation to employee attendance at work.

The Regulation: General

The Regulation aims to provide a high or higher degree of protection for personal data. For example, consent should be given by a clear affirmative act (such as a written or oral statement), indicating voluntary, specific, informed and unambiguous agreement to the processing of the personal data of the data subject, i.e. the employee. In addition, the principle of transparency requires any information and communication relating to the processing of those personal data to be easily accessible and easy to understand, and clear and plain language must be used. This is relevant in particular to informing employees of the data controller's identity and the purposes of the data processing.

What will change for the employer?

Under the Regulation, employers will have of a number of new obligations. The principal changes for employers are set out below:

  • Expansion of information obligations. The Regulation requires an employer to inform its employee on time of the purpose of the processing as well as the storage period of personal data. The employer must also inform the employee if personal data are to be transferred to a third party or to another country and must inform the employee of where he or she can turn to with any complaints.
  • Record-keeping requirement. The employer will have to keep records of the processing activities. With regard to personal data of employees, that obligation applies, in principle, only to businesses with more than 250 employees.
  • Appointment of data protection officer. The Regulation also requires certain businesses to appoint a data protection officer. This requirement only applies to public authorities and undertakings and organisations involved in regular and systematic monitoring of individuals on a large scale or in processing special categories of personal data or data relating to crimes or both. The data protection officer will enjoy dismissal protection.

Infringement of the above requirements may lead to heavy sanctions, including fines of up to €20 million or 4% of the total worldwide annual turnover, whichever is higher.

What will change for the employee?

The Regulation aims to strengthen the protection of personal data. For employees, this specifically results in the following changes:

  • Their right of inspection is expanded. A new feature is that the employee will also have the right to obtain information regarding the storage period of personal data. In that connection, the Regulation grants the employee the right to obtain a copy of the personal data. When providing a copy, the employer has to make sure that the rights and freedoms of others are not affected, which concretely means that the employer will have to ensure that the privacy of, for example, a colleague or customer remains assured. This could lead to restrictions when providing a copy from the personnel record.
  • Introduction of a right to be forgotten. An employee's personal data must be erased in some cases, including: (i) when the personal data are no longer needed for the purposes for which they were collected or (ii) processing was based solely on the employee's consent and the employee has withdrawn that consent. The right to be forgotten cannot be invoked if the employer has processed the data in order to comply with a statutory obligation or if the data are necessary for a legal claim.    
  • Introduction of a right to portability. Under the Regulation, the employee has a right to personal data portability. This means that the employee has the right to receive the personal data kept in his or her respect by the employer and may transmit it to another organisation.  

Conclusion

Regulations applying to privacy are about to change significantly. A set of new rules will be introduced. On 25 May 2018, the Regulation will enter directly into force in the EU Member States. Member States may adopt further rules for processing the personal data of employees by law or collective bargaining agreement. We will keep you posted once more information is available. Until 25 May 2018, the Dutch Personal Data Protection Act remains applicable.

Although the Regulation does not enter into effect until 25 May 2018, it would be wise to map the existing procedures within your business and adjust them in time to comply with the new legalisation. After all, non-compliance with the new European Regulation may eventually lead to a hefty fine.

We will be happy to provide your organisation with advice tailored to your needs.

Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Events from this Firm
25 Oct 2018, Other, Munich, Germany

Please register via RSVP button by October 15, 2018. If you have any questions, please contact Marcel Schmidt.

30 Oct 2018, Other, Frankfurt, Germany

With the blockchain market maturing, we see an advancing diversification of token types and offerings.

30 Oct 2018, Other, London, UK

The third campaign in Dentons' TechTalk series explores the role of Blockchain in the modern business world.

Similar Articles
Relevancy Powered by MondaqAI
Dentons
Dentons
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Dentons
Dentons
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions