Municipal Executive of the Municipality of Almere – 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 ruled that the GDPR applies to legal consequences of events before it came into force, but the processing itself was lawful under older laws. This case is important for understanding how GDPR interacts with older data protection laws.
What happened
The court ruled that GDPR applies to legal consequences of pre-GDPR events, but the processing was lawful under the Dutch Data Protection Act.
Who was affected
A person whose data was shared by the Municipality of Almere before GDPR was enforced.
What the authority found
The court decided that the processing was lawful under the Dutch Data Protection Act, and GDPR applies to legal consequences but not the processing itself.
Why this matters
This decision clarifies that while GDPR can apply to legal outcomes of past actions, the processing must be judged by the laws in place at the time. Businesses should be aware of transitional provisions when dealing with historical data.
GDPR Articles Cited
National Law Articles
The plaintiff had requested erasure of his personal data according to Article 17 GDPR claiming that the forwarding of data via e-mail to other municipalities and the publication on the VNG forum of his personal data constituted unlawful processing. He also claimed compensation for damages occurred from the unlawful processing on the basis of Article 82 GDPR. The defendant had rejected the request because the processing at stake was lawful and thus the requirement of Article 17(1)(d) GDPR was not fulfilled. According to the defendant, the lawfulness should be assessed on the basis of the Dutch Data Protection Act and not of the GDPR as the processing at stake took place before the GDPR came into force. Does the GDPR apply to events that happened before 25. 5. 2018? The Court found that the GDPR also applies to legal consequences of events which occurred before it came into force. The Dutch transitional law lists cases where the Act would still apply after the enforcement of the GDPR, but the present case is not among them. However, the lawfulness of the processing is based on a factual assessment and the facts took place before the GDPR. Hence, the facts should be examined in on the basis of the Act, while the legal consequences, such as the right to erasure and the right to compensation, on the basis of the GDPR. The Court ruled that the processing at stake was compliant with the Act and thus lawful. Consequently, the defendant rightly rejected the request to erasure based on Article 17(1)(d) GDPR. Finally, for the factual assessment of the right to compensation the plaintiff should apply before the civil and not the administrative courts according to the Dutch Data Protection Act (Wet bescherming persoonsgegevens - Wbp).
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Municipal Executive of the Municipality of Almere in NL
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Municipal Executive of the Municipality of Almere - Netherlands (2019). Retrieved from cookiefines.eu
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