Privacy and data protection law
In today’s digital world, personal data is constantly being collected, stored, and shared. Whether you’re an individual concerned about your privacy or a business handling customer information, it’s important to understand how data protection works in the Netherlands.
This article explains the basics of Dutch privacy and data protection law, including the legal framework, individual rights, and what businesses must do to comply.
What is data protection law?
Data protection law regulates how personal data is collected, used, stored and shared. It aims to protect people’s privacy and give them control over their own information. In the Netherlands, data protection is a fundamental right protected under both EU and national law.
The main law is the General Data Protection Regulation (Algemene verordening gegevensbescherming, or AVG) [1], which applies across all EU member states. In the Netherlands, it is supplemented by the Dutch Implementation Act (Uitvoeringswet AVG) [2].
Personal data includes any information that can identify a person, such as [3] :
- name and address
- email or phone number
- ID or passport number
- IP address or location data
- photos or CCTV images
- bank account or salary information
- health records or biometric data
Who must comply with the rules?
Almost every organisation – from companies and schools to municipalities and websites – must comply with data protection rules when they collect or use personal data. Even freelancers or small businesses need to follow the rules if they process customer or employee information.
The person or organisation responsible for handling the data is called the verwerkingsverantwoordelijke (data controller). If a third party processes the data on their behalf, they are called the verwerker (data processor).
What are your rights under Dutch data protection law?
If your personal data is being used, you have several important rights, including the right to:
- access your data (ask what is stored and why)
- correct or delete incorrect or outdated data
- object to certain uses of your data (such as direct marketing)
- transfer your data to another provider
- withdraw your consent at any time
- file a complaint if your data is misused
You can exercise these rights by submitting a request to the organisation that holds your data. They usually have to respond within one month.
The role of the Dutch Data Protection Authority
The Autoriteit Persoonsgegevens (Dutch Data Protection Authority) [4] is the independent body that monitors and enforces privacy laws in the Netherlands. It can investigate complaints, issue fines, or give warnings to organisations that break the rules.
If you think your privacy rights have been violated, you can file a complaint with the authority via their website.
Data protection in businesses: Rules for employers and employee responsibilities
Privacy and data protection law does not only apply to how companies handle customer or client data – it also sets standards for internal practices. Employers must take proper steps to protect personal data. This includes:
- having a clear privacy policy
- processing only necessary data, for specific purposes
- keeping data accurate and up to date
- storing data securely (e.g. using encryption or passwords)
- notifying users and the authority in case of data breaches
- making data processing agreements with third parties
In addition, employers also need to be careful when handling employee data, such as personnel files, sick leave records, or performance reports. Monitoring employees (e.g. CCTV, email tracking) is usually not allowed.
Employees, on the other hand, are also often required to follow internal privacy protocols – for example, locking their screen when stepping away from their desk or not sharing passwords. These internal guidelines are part of a broader data protection policy and help prevent data breaches, theft or misuse of confidential information.
Data breaches and reporting obligations
If a business suffers a data breach – for example, due to hacking, theft, or accidental exposure – they are usually required to report it within 72 hours. If the breach poses a risk to individuals, they must also inform those affected.
Failing to report a data breach or violating privacy laws can result in fines of up to €20 million or 4% of the annual global turnover, whichever is higher
International transfers and online services
Transferring personal data outside the EU is only allowed if the receiving country offers adequate protection. This means businesses cannot simply send customer data to countries like the US or China without extra safeguards in place.
Online platforms, apps and websites that collect personal data (such as through cookies, contact forms or user accounts) must be transparent and may need consent – especially for tracking or marketing purposes.
Conclusion
Privacy and data protection laws in the Netherlands are designed to give individuals more control over their personal data and ensure that organisations handle information responsibly. Whether you are an expat, a website owner, or a growing business, it’s important to understand the basic rules and take data protection seriously.
If you have privacy concerns, you can contact the organisation in question or file a complaint with the Dutch Data Protection Authority. And if you run a business or process data professionally, make sure your practices are compliant – not only to avoid fines, but also to build trust with your clients and users.
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Disclaimer: The information provided on this website is for general informational purposes only and is not legally binding. Although we strive for accuracy, the content may contain errors. If you notice any mistakes, please let us know by contacting us via the contact form located at the bottom of the page.
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References
[1] EUR-Lex (EU Law portal of the European Union), Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, eur-lex.europa.eu, accessed on 06/19/2025
[2] Government of the Netherlands, Implementation Act General Data Protection Regulation (GDPR) (Uitvoeringswet Algemene verordening gegevensbescherming), wetten.overheid.nl, accessed on 06/19/2025
[3] European Union, General Data Protection Regulation (GDPR), europa.eu, accessed on 06/19/2025
[4] Website of the Dutch Data Protection Authority (AP), autoriteitpersoonsgegevens.nl, accessed on 06/19/2025