- Enforcing jurisdiction
- Netherlands · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Employee Insurance Agency (UWV) – Court Ruling (Netherlands, 2019)
Privacy enforcement record
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The Dutch Employee Insurance Agency (UWV) was allowed to impose a fine on an employer for late reporting of an employee's sick leave. The court ruled that the employer's obligation to inform about a no-risk policy did not conflict with data protection rules. This case clarifies that certain data processing is permitted even when health information is involved.
What happened
An employer was fined for failing to report an employee's sick leave on time, which involved questions about a no-risk insurance policy.
Who was affected
The employee, who had been employed for over three years, was affected as they sought information about their rights under the no-risk policy.
What the authority found
The court ruled that the employer's obligations under the Sickness Benefits Act do not violate GDPR, allowing the fine to stand.
Why this matters
This case sets a precedent that employers can be held accountable for timely reporting requirements without violating data protection laws. It underscores the importance of compliance with both labor and data protection regulations.
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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
Ruling Date
5 November 2019
Authority
DPA RbMidden-Nederland
About this data
Cite as: Cookie Fines. Employee Insurance Agency (UWV) - Netherlands (2019). Retrieved from cookiefines.eu
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