Employee Insurance Agency (UWV) – Court Ruling (Netherlands, 2019)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
A Dutch court decided that asking about a no-risk insurance policy does not conflict with GDPR rules. An employee claimed it was health data, but the court disagreed. This case clarifies that not all employment-related questions fall under sensitive data protection rules.
What happened
The court ruled that asking about a no-risk insurance policy does not conflict with GDPR rules on health data.
Who was affected
The employee who claimed that asking about the no-risk policy conflicted with GDPR rules.
What the authority found
The court found that asking about a no-risk insurance policy is not considered processing health data under GDPR.
Why this matters
This decision clarifies that not all employment-related questions are considered sensitive under GDPR. Employers can ask about certain policies without violating data protection rules, as long as they comply with other legal requirements.
GDPR Articles Cited
The Dutch Employee Insurance Agency (UWV) fined an employer for the late reporting of an employee's sick leave with a no-risk insurance policy. According to Article 38b of the Sickness Benefits Act, an employee can ask an employer about a no-risk policy two months after the beginning of the employment. The employee at stake had been employed for more than three years and he had had enough time to ask about the no-risk policy. The employee claimed that asking about the no-risk policy was in conflict with the data protection rules under the GDPR because it is essentially ‘data concerning health’. The Court found that Article 38b of the Sickness Benefits Act is not in conflict with the GDPR. Whether or not a no-risk policy applies is not relevant and there is no question on ‘data concerning health'. Moreover, processing under the GDPR would be permitted in this case even if there was health data and the exception of Article 9(2) GDPR would apply. The agency was therefore allowed to impose a fine on the employer.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Employee Insurance Agency (UWV) in NL
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Employee Insurance Agency (UWV) - Netherlands (2019). Retrieved from cookiefines.eu
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