What Remedies Are Available To Data Subjects In The Netherlands?
Category: Privacy law
The introduction of the General Data Protection Regulation (‘GDPR’) has brought a significant change in how businesses can handle personal data in the Netherlands. This article will outline what rights data subjects have with the introduction of the GDPR, and also very briefly the legal recourse that they can take.
What rights do I have in the Netherlands?
Chapter III of the GDPR outlines in detail the rights that a data subject has. The Right to Erasure has already been covered in a previous blog by Blenheim. With the Right to Erasure as an exception, we will go through a quick overview of the rights of data subjects that you will need to be aware of.
Art 15 – The Right of Access
A data subject can request information regrading the purpose of the processing, the categories of the personal data, the recipients to whom the personal data have been or will be disclosed, the period for which the data will be stored and any information as to the source of the data if the data was not collected from the data subject. The data subject also has a right to confirmation of whether or not their data is being processed.
Art 16 – The Right of Rectification
If a data subject requests rectification of inaccurate data, you are obliged to do so without undue delay. Note also that under article 19 GDPR you are under an obligation to communicate any rectification or erasure of personal data to the data subject.
Art 18 – The Right to Restriction of Processing
A data subject may, upon their request, restrict the processing of data where they claim that either the accuracy of the data is being contested, the processing is unlawful, the controller no longer needs the data for the purpose of the processing or the data subject has objected to processing and the objection legitimacy is pending verification. If such a request is made, you will be able to store the data, however you will not be able to process the data without their consent.
Art 20 – The Right to Data Portability
Data subjects can request their personal data and have the right to transmit the data to another controller unhindered.
Art 21 – The Right to Object
Data subjects have the right to object at any time during the processing of your personal data, and this means that once an objection by the data subject has been made, you can no longer process the personal data unless you can demonstrate legitimate compelling grounds for the processing which overrides the interests, rights and freedom of the data subject or for establishing legal claims.
Art 22 – The Right Against automated Processing
The data subject has a right against automatic processing that produces legal effects, unless it is necessary for the performance of a contract or is explicitly consented to by the data subject.
What gives rise to compensation and judicial remedy in the Netherlands?
An infringement of any of these rights that result in material or non-material damage to the data subject allows the data subject to claim compensation.
Further, the GDPR also gives effect to any judicial remedy awarded to the data subject against the controller (the business) greatly expanding the scope of the remedies available. The data subject can take legal action against the controller where the controller has an establishment or in the data subject’s country of habitual residence.
If you need any more information, please don’t hesitate to contact the data privacy team here at Blenheim.