Articles

Dutch Data Protection Authority increases maximum fine for data breaches committed by telecom providers

Dutch Data Protection Authority increases maximum fine for data breaches committed by telecom providers

Dutch Data Protection Authority increases maximum fine for data breaches committed by telecom providers

13.10.2016

The Dutch Data Protection Authority (“DPA”) has amended its Penalty Policy Rules under an amendment of the Dutch Telecommunication Act. The new rules apply as from 1 July 2016.

Previously, the DPA could impose an administrative fine up to a maximum of EUR 450,000 if a telecom provider did not (immediately) notify the DPA of a data breach in accordance with Article 11.3(a) of the Dutch Telecommunication Act. This fine’s maximum has now been increased to EUR 900,000 in both the DPA’s Penalty Policy Rules and the Dutch Telecommunication Act.

The starting point of the DPA in determining the amount of the fine is that fines must be proportional to the violation committed. Fines that can be imposed by the DPA can vary from a maximum of EUR 20,250 for relatively minor violations to a maximum of EUR 900,000 (previously: EUR 820,000) for deliberate or repeated violations of the Dutch Data Protection Act. For legal entities that have violated this Act, the fine is flexible: if the amount of fine set for the highest penalty category is not sufficiently punitive, the violation can be sanctioned additionally with a fine equivalent to up to 10% of the company’s annual net turnover.

Fines may only be imposed on a company following a binding instruction given from the DPA. Through this instruction, the DPA can inform the company what steps it should take to avoid paying the fine. But if the violation concerned was either intentional or a matter of serious culpable negligence, the DPA is not obliged to issue an instruction and can impose a fine directly.

We will of course inform you if the DPA imposes significant fines with respect to violations of the Dutch Data Protection Act.

 

This document can be found here (only available in Dutch). 

Team

Related news

14.10.2019 NL law
Kamerdebat over digitalisering van de overheid: aandacht voor bescherming burger vereist

Short Reads - Op 24 september 2019 zijn er vier moties in stemming gebracht én aangenomen door de Tweede Kamer. De moties hebben als gemeenschappelijke deler dat ze in het teken staan van de steeds groter wordende digitalisering bij de overheid. Het achterliggende doel van de moties is dat de burger voldoende beschermd moet worden tegen deze digitalisering.

Read more

27.09.2019 NL law
Stibbe is attending the IBA's annual conference in Seoul

Conference - The annual conference of the International Bar Association (IBA) is currently taking place in Seoul. There are fourteen partners from Stibbe attending the event. Several of them have speaking slots on a wide range of legal topics and will take part in various panel discussions.

Read more

28.08.2019 NL law
Masterclass: e-signature and electronic identifiers

Masterclass - Stibbe is organising a Masterclass on 26 September 2019 in Amsterdam on the subject of e-signature and electronic identifiers. This Masterclass will cover the legal framework and focus especially on the numerous possibilities for applying the various electronic signatures in different situations. In addition, we explain the regulations governing electronic identifiers, and the mandatory European recognition they receive.

Read more

02.10.2019 EU law
Seminar: Data protection implications of (a no-deal) Brexit

Seminar - On October 25th at 9.30 am, we organize a seminar where we will discus the implications of a (no-deal) Brexit on data protection.  These issues affect all businesses interacting between UK and EEA (including EU) and which send or receive data to and from UK. We will highlight the main challenges both in the case of a hard Brexit on 31 October 2019 and in other scenarios. We will also offer guidelines to help your organisation mitigate the respective risks.

Read more

Our website uses functional cookies for the functioning of the website and analytic cookies that enable us to generate aggregated visitor data. We also use other cookies, such as third party tracking cookies - please indicate whether you agree to the use of these other cookies:

Privacy – en cookieverklaring