Companies that are confronted with supervision are obliged, in principle, to provide all information at the request of a supervisor. With the arrival of the General Data Protection Regulation (GDPR), the question has arisen whether a supervisor is authorised to process personal data that are part of the requested information. The Court of Appeal of The Hague ruled for the first time in its judgment of 12 February 2019 (ECLI:NL:GHDHA:2019:470) that the Dutch Authority for the Consumers & Markets (ACM) was authorised to copy personal data during a company visit. According to the Court, the GDPR provides a basis for doing so since the processing is necessary for the fulfilment of the public interest, namely the supervision of compliance with, in this case, the Competitive Trading Act.
The full blog post is written in Dutch.
Date: 26 February 2020
ECLI: ECLI:NL:GHDHA:2019:470
Author: Christien Saris