Last Updated May 08, 2019

Law and Practice

Contributed By Vondst Advocaten N V

Authors



Vondst Advocaten N V is an Amsterdam-based boutique law firm that focuses exclusively on contentious intellectual property, pharmaceuticals and life sciences, IT and privacy. The data protection team advises and litigates in both national and international matters relating to data protection. In addition, they frequently lecture and publish on data protection.

The primary source with respect to law enforcement access to data for serious crimes is the Dutch Code of Criminal Procedure. Other relevant laws are the Police Data Act and the Judicial Data and Criminal Records Act. Furthermore, sector-specific regulators may have access under sector-specific legislation, such as the Competition Law Act.

  • Can agencies authorise unilaterally or is independent judicial or approval required?

For accessing means of communication and private homes, the general rule is that independent judicial approval is required.

  • What safeguards protect privacy by law and in practice?

It is generally believed that Dutch law enforcers and regulators obey legal restrictions to access to data. If personal data has been accessed without proper legal grounds, the basic rule is that courts will ignore such data and may declare a certain investigation or prosecution unlawful.

Vondst Advocaten N V

Jacob Obrechtstraat 56
1071 KN Amsterdam

+31 20 504 20 00

+31 20 504 20 10

info@vondst.com www.vondst.com
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Authors



Vondst Advocaten N V is an Amsterdam-based boutique law firm that focuses exclusively on contentious intellectual property, pharmaceuticals and life sciences, IT and privacy. The data protection team advises and litigates in both national and international matters relating to data protection. In addition, they frequently lecture and publish on data protection.

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