The Netherlands DPA Gets Power to Fine Controllers And Processors

 

On Monday, 24 November, a bill was sent to Parliament giving the Dutch Data Protection Authority (CBP) the power to fine controllers and processors for violation of the Dutch Personal Data Protection Act and any other laws containing data protection rules. In, addition, the Dutch CBP (College Bescherming Persoonsgegevens) will change its name to the Personal Data Authority (Autoriteit Persoonsgegevens).

The fine, which may be as high as 810,000 euro, adjusted periodically, may be issued for a number of specified articles in the Personal Data Protection Act.

Interestingly, the bill also allows the CBP to fine individual employees for failure to meet their confidentiality obligations (Art. 12 PDPA). This may be the case where employees intentionally disclose personal data to unauthorized persons, an act also punishable under criminal law, but also where employees have been grossly negligent causing a data breach. The bill is expected to be enacted by July 1, 2015.

Source: https://privacyassociation.org/

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Posted Under: EBI

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W. Barry Nixon is the COO, PreemploymentDirectory.com the leading background screening information portal and online worldwide directory of professional background screening firms and Suppliers to the background screening industry. He co-authored the landmark book, Background Screening & Investigations: Managing Hiring Risk from the HR and Security Perspective. He also is the publisher of award winning newsletters, The Background Buzz and The Global Background Screener, and the author of the Background Checks column in PI Magazine.

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