What Is the GDPR and What Does It Mean for Employers?
The General Data Protection Regulation (GDPR), known in Dutch as the Algemene Verordening Gegevensbescherming (AVG), has been in force throughout the European Union since 25 May 2018. It aims to protect the personal data of individuals and harmonise data protection standards across the EU. For employers, this regulation introduces a set of specific obligations concerning the lawful, transparent, and secure handling of employee data.
Legal Framework and Core Principles
In the Netherlands, the GDPR is implemented through the Uitvoeringswet AVG (UAVG). The regulation is built upon fundamental principles such as lawfulness, fairness, transparency, purpose limitation, data minimisation, accuracy, storage limitation, integrity, confidentiality, and accountability. These principles require that any personal data processed by employers must serve a clearly defined purpose and must be limited to what is necessary. Furthermore, the data must be accurate, stored only as long as necessary, and adequately protected.
Employer Responsibilities
Employers may only process employee personal data on the basis of a valid legal ground, such as the necessity for performing an employment contract, compliance with a legal obligation, or a legitimate interest—provided this interest is not overridden by the employee’s rights and freedoms. Transparency is key: employees must be informed in advance, and in a clear and accessible manner, about what data is collected, for what purpose, how long it will be retained, and who has access to it.
In addition, employers are required to implement appropriate technical and organisational measures to protect personal data. If the processing activity poses a high risk to the rights and freedoms of individuals—for example, in cases of systematic monitoring—a Data Protection Impact Assessment (DPIA) must be carried out. In the event of a serious data breach, employers are also subject to mandatory reporting obligations to the Dutch Data Protection Authority.
Internal Policies and Consultation Requirements
It is essential for every employer to have an internal privacy policy that outlines the scope, objectives, and safeguards of data processing activities within the organisation. This policy should be well-documented and made accessible to all employees. Furthermore, in organisations with 50 or more employees, the Works Council (Ondernemingsraad) must be consulted and provide prior approval for any intended decisions relating to the introduction or amendment of data processing systems, pursuant to Article 27 of the Dutch Works Councils Act (WOR).
Conclusion
The GDPR requires employers to adopt a proactive and transparent approach to data protection. Compliance is not only a legal necessity but also an important element in building trust within the workplace. Employers who fail to meet their obligations risk both financial penalties and reputational harm. A thorough understanding of the regulatory framework and clear internal procedures are essential for lawful and effective data management.
Questions?
If you are unsure about how the GDPR applies to your organization, or if you have questions regarding employee data processing and privacy compliance, please don’t hesitate to contact us. Please feel free to approach one of our specialists at Ms. Willeke Krieger at krieger@tlcadvocaten.nl. You can also reach our offices at +31 53 3033000 (Enschede) or +31 523 745640 (Hardenberg) or send us an email at info@tlcadvocaten.nl.
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