Articles about Privacy
Practical legal information for entrepreneurs. Read what to look out for, which steps are sensible, and when legal advice is necessary.
How do you handle employee privacy during the corona crisis?
Privacy
April 2, 2020
Employee health data constitutes special personal data that, in principle, you may not process. In the event of a sick leave notification, you may only record what is strictly necessary; the nature or cause of the complaints...
Under what conditions are you allowed to sell personal data?
Privacy
March 26, 2020
You may not simply sell or transfer personal data to third parties. You need a valid legal basis for doing so, and it must be compatible with the purpose for which you collected the data.
Is it useful to have an employee co-sign the NDA?
Privacy
March 4, 2020
An employee who signs an NDA on behalf of your company does not become personally liable — they sign for the employer. If you wish to bind an individual employee to confidentiality yourself, then...
What do you need to arrange when having a penetration test performed?
Privacy
March 2, 2020
Before having a penetration test performed, first arrange the legal basis: a written assignment with consent and a clear scope, agreements regarding liability and confidentiality, and, in the case of personal data, a...
Telephone number rarely necessary for execution of agreement
Privacy
February 18, 2020
You may only process personal data such as a telephone number if you have a valid legal basis for doing so. The fact that the number is 'convenient' is not sufficient: a telephone number is rarely necessary for the...
Still too often incorrect consent requests for tracking cookies
Privacy
February 6, 2020
Consent for tracking cookies must be free, specific, and unambiguous. A cookie wall — no access unless you agree — does not constitute valid consent, and neither do pre-ticked boxes. The...
Under what conditions are you allowed to process employee data?
Privacy
January 30, 2020
You may only process employee data if this is necessary and based on a valid legal basis. Due to the hierarchical relationship, employee consent is usually not a suitable legal basis; you often base...
Covert camera surveillance of employees is sometimes permitted
Privacy
November 18, 2019
Covert camera surveillance of employees is prohibited in principle in the Netherlands, but is permitted in exceptional situations – namely when there is a concrete suspicion of theft or fraud and less...
When are you allowed to pass on personal data to a third party?
Privacy
October 31, 2019
You may only transfer personal data to a third party if that third party demonstrates a legitimate interest, there is no less intrusive way to obtain the data, and a balancing of interests in...
Breaching confidentiality clause by mistake, still a fine
Privacy
October 28, 2019
Yes, even an accidentally breached confidentiality clause can result in a fine. With a broadly worded confidentiality clause, it does not matter whether you did it knowingly: the judge only looks at whether the clause...