• Tim Bell

Waiting for GDPR? You might already need a Data Protection Representative in the Netherlands

Are you waiting for GDPR to appoint a Data Protection Representative? You may already be in breach of the current obligation to have a Data Protection Representative under the Data Protection Act in the Netherlands!

You may be aware of the GDPR requirements for non-EU companies. You may even be planning ahead and have a Data Protection Representative lined-up, ready to meet your obligation under Article 27 of GDPR.

BUT, were you aware that, as a result of Article 4 § 3 of the Netherlands Data Protection Act 2000, if you use equipment in the Netherlands to process personal data, you already have an obligation to have a Data Protection Representative in the Netherlands. And, even more surprisingly, the use of a smartphone in Holland to access your website or app can be adequate “use of equipment” to fall on the wrong side of this obligation!

That may surprise you – it certainly surprised WhatsApp when they received a one million Euro fine from the Dutch Courts for permitting users in the Netherlands to access the networking app via their smartphones.

Because this law places the Dutch Data Protection Representative as joint-controller of the personal data, to date no company has been willing to take on the liability under this obligation, but here at DPR Group we have put in place the necessary infrastructure and protections to be able to offer this additional protection to our non-EU (and non-Netherlands) clients.

As part of our Early-Adopter packages, we are offering our clients:

  • FREE Data Protection Representation under the Netherlands Data Protection Act, and

  • FREE Representation until GDPR becomes enforceable on 25 May 2018

This means all our clients get Data Protection Representation, from the date of appointment of DPR as their Representative until 24 May 2019, for the price of an annual appointment.

If you process the data of people in the Netherlands using equipment in the Netherlands (or if your website / app is accessed by smartphones in the Netherlands), please contact us to find out how we can help you meet this requirement and avoid the fines faced by WhatsApp. Contact DPR Group at contact@dpr.eu.com.

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