Netherlands: data breach notification duties in effect January 2016
Wouter Seinen of Baker & McKenzie writes:
Effective 2016, Netherlands’ businesses must notify the Dutch data protection authority (“DPA”) and sometimes individuals if they suffer certain data breaches that involve personal data under their control. Companies will have to take this seriously, as failure to notify may lead to fines up to €500,000 (or potentially higher).
Who Is Affected?
The notification duty applies to data controllers that have an establishment in the Netherlands and process personal data in the context of that establishment. It also applies to data controllers outside the EEA that process personal data using equipment on Netherlands’ soil.
Data processors are not subject to the data breach notification duty, regardless of whether they are located in the Netherlands and whether they process personal data of Dutch residents. They should, however, realise that incidents at their end may trigger notification duties of their customers operating in the Netherlands and that these will need to be reflected in the controller/ processor contracts.
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