Last Updated March 28, 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.

Network monitoring and other cyber-security defensive measures are generally permitted in accordance with the applicable rules laid down in the GDPR. Where the monitoring takes place in the workplace, applicable employment law should be taken into account as well. Moreover, applicable sector-specific law should be complied with, including the Dutch Telecommunications Act.

The AP has investigated the use of deep packet inspection by several Dutch mobile operators. Deep packet inspection is used to analyse data traffic on the mobile network, such as data on visited websites and used apps, inter alia to detect and solve network problems. In its 2013 reports, the AP clarified that collected traffic data should be deleted as soon as possible after collection or irreversibly anonymised, and that the principle of transparency should be adhered to.

As discussed above, the AP has developed guidelines for monitoring the internet and email usage of employees, and the ArtWP29 has published several guidelines on the use of monitoring measures in the employment context that may still serve as a useful starting point when dealing with monitoring related questions.

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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