The Dutch Data Protection Authority expects first privacy fines in 2019

The Dutch Data Protection Authority (AP) does not exclude the possibility that the privacy watchdog will issue fines for violations of the AVG, the European privacy law, in 2019. A spokesperson said that to NU.nl on Thursday.


The Dutch Data Protection Authority (AP) does not exclude the possibility that the privacy watchdog will issue fines for violations of the AVG, the European privacy law, in 2019. A spokesperson said that to NU.nl on Thursday.

The spokesperson said that there are currently several investigations into possible violations of the AVG. If it turns out that a violation has indeed occurred, fines can quickly follow.

The Dutch Data Protection Authority has not yet issued any fines since the AVG entered into force on 25 May 2018.

This has to do with the fact that extensive research must first be done before a fine can be distributed, but there were no guidelines for the amount of a fine until Thursday.

The Dutch Data Protection Authority sets fines

The AVG is a regulation at European level and is in force in all countries of the European Union. However, national privacy organizations have not yet received any guidelines from Brussels for the amount of a fine for various violations.

Under the AVG, companies and organizations for non-compliance with obligations (such as the data breach reporting obligation) can be fined a maximum of 10 million euros or 2 percent of the annual turnover. For violations of the AVG a maximum fine of 20 million euros or 4 percent of the annual turnover applies.

The Dutch Data Protection Authority announced on Thursday that it uses four different categories of fines on the basis of the various articles in the Privacy Act.

The first category includes offenses such as not responding to the request to delete data. The highest category is for serious violations, for example if companies do not comply with an order from the AP to make adjustments to their data processing or in the event of a criminal offense.

The amount of the fine depends on various factors, such as the way in which the AVG is violated, the extent of the violation and the duration.

The Dutch guidelines of the AP will expire as soon as comparable guidelines are determined at European level. Exactly when that will happen is not yet known.

Newsletter

  • Do you want the most important technical news of the week in your mail every Saturday? Then subscribe to our technology newsletter now!

ref: nunl

Similar news: