Netherlands GDPR Act Sent to Legislature

The Dutch Government has placed the GDPR Application Proposal before Legislature. The aim of the proposal is to add the General Data Protection Regulation (GDPR) that will be applied from 25th of May 2018. The GDPR Application Proposal in the Netherlands mentions the private files of people residing in The Netherlands. It pertains to all businesses or organizations that are centered within the Netherlands, and those that provide services or goods to anybody who lives in the Republic.

What the Proposal says concerning Section 8 of the GDPR

Section 8 of the GDPR mentions the age of approval is 16. The proposal emphasizes this, and also increases that any individual older than 16, who has a lawful caretaker because of mental injury problems, should be represented by the guardian or parent when it comes to giving approval.

What has altered for the Data Protection Authority?

The easy answer to this query is that not considerable has altered, as a consequence of the Proposal. The power of the DPA has been re-emphasized and its organization is the same. Nevertheless, the DPA is no more part of the Department of Justice; now it has its own employees.

The Bill emphasizes the fact that the Data protection authority will have the right to use powers of sanction and enforcement, to ensure conformity with GDPR. This implies that the Data protection authority can end unlawful processing if it desires to do so, or it can compel companies to end handling. It can also levy penalties and other restrictions when non-conformity is known.

Concerning Chapter 3 of the Proposal

There are specific exceptions regarding the handling of specific files which is already there in the Data Protection Act (DPA) of the Netherlands. These exceptions mention who can handle specific items of special files and when it can be handled. The Proposal mentions Article 9 (2) (g) of the GDPR which mentions considerable public interest, to defend the presence of these exemptions.

A further exemption, concerning the use of biostatistics in the place of work, has been added. This is because of the fact that not using biostatistics for safety purposes might possibly put the safe handling of private files at risk.