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Doxing — the collection and dissemination of someone's personal data to intimidate or frighten them — has now been criminalized separately in the Netherlands. Companies also have a responsibility in this regard: they must properly protect personal data to prevent misuse.
What is doxing?
Doxing is the collection and (online) sharing of a person's personal data — such as an address, phone number, or employer — with the aim of intimidating, fearing, or causing serious harassment to that person. It occurs in online conflicts and affects public figures, journalists, and ordinary citizens, among others.
Is doxing a punishable offense?
Doxing has now been criminalized separately: obtaining or distributing personal data with an intimidating intent is a criminal offense. In addition, doxing can constitute other criminal offenses, such as threats or harassment, and it falls under the GDPR because it involves personal data. (The exact penal provision and scope are relatively new; have a specific situation legally assessed.)
The responsibility of companies
Companies process a large amount of personal data from customers and employees. If this data is leaked—due to a data breach, poor security, or excessive access—it can be used for doxing. Under the GDPR, you are required to adequately secure personal data; if you fail to do so, you bear co-responsibility and risk sanctions.
What can you do?
Secure personal data with appropriate technical and organizational measures, restrict access to what is necessary, and ensure a data breach protocol is in place. Train employees to recognize risks. This reduces the likelihood that data from your organization will be misused for doxing.
Frequently Asked Questions
Is doxing punishable in the Netherlands?
Yes, it has now been criminalized separately, and can also constitute other offenses such as threats or stalking.
What does my company have to do with doxing?
You process personal data and must protect it. If it is leaked, it can be misused for doxing, with GDPR consequences for you.
How do I prevent data from being misused?
With good security, limited access, a data breach protocol, and employee awareness.
Is your data security in order?
Our legal experts conduct a privacy scan and draft your data processing agreement . View our privacyteam or schedule a free consultation.
