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The Dutch Data Protection Authority (AP) actively enforces the GDPR and issues hefty fines to both government bodies and businesses. These fines prove one thing: ensure your privacy matters are in order, because a violation can cost you a lot of money and reputational damage.
The AP is not sitting still
The regulator actively pursues privacy breaches and takes action against organizations that violate the rules. The fines imposed by the AP can be substantial and cover a wide range of violations — from insufficient security and data leaks to processing data without a legal basis.
What is often fined?
Common causes of fines are: inadequate security leading to a data breach, processing (special) personal data without a valid legal basis, failure to report a data breach or reporting it too late, and insufficient notification of data subjects. Each of these can be prevented with proper measures.
What can you do about it?
Map out your processing activities, determine a legal basis for each activity, adequately secure personal data, maintain a processing register, enter into data processing agreements with your suppliers, and ensure a data breach protocol is in place. By doing so, you reduce both the likelihood of a violation and the risk of a fine should things go wrong.
Demonstrable compliance pays off
The GDPR requires that you not only comply, but also be able to demonstrate compliance (the accountability principle). Anyone who documents their actions and can show that they act with due care is in a much stronger position during an audit or after an incident.
Frequently Asked Questions
How high can GDPR fines be?
They can amount to substantial sums, reaching a significant amount or percentage of annual turnover, depending on the violation.
What does the AP often impose fines for?
Including for poor security, processing without a legal basis, unnotified data breaches, and insufficient informing of data subjects.
How do I reduce my risk?
By demonstrably complying with the GDPR: legal basis, security, a processing register, processor agreements, and a data breach protocol.
Getting your privacy in order?
Our legal experts conduct a privacy scan and draft your data processing agreement . View our privacyteam or schedule a free consultation.
