Ad I: Notifications with the Dutch regulator

In the Netherlands the EU Data directive is implemented in the Personal Data Protection Act (“the DPA”).

In accordance with the DPA fully or partly automated processing of personal data must be notified with the Dutch regulator: “College Bescherming Persoonsgegevens” or in short CBP.

In the Netherlands an Exemption Decree is in place which exempts certain (common) processing from notification. If data is transferred to countries outside the EU the Exemption Decree is not applicable, unless unambiguously consent is given for the transfer or the transfer is necessary to protect a vital interest of data subjects (in accordance with article 77.1.a and 77.1.e of the DPA). If the purposes, categories of personal data processed or retention period deviate from what is exempted in the Exemption Decree again you are again obligated to notify with the Dutch regulator.

For more info about this subject please contact mr. Vincent Rutgers or mr. Marten van Hasselt.

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