UBER B.V. – Court Ruling (Netherlands, 2021)

The 10 plaintiffs are or were engaged to drive with the app of the defendant, Uber, in the United Kingdom. The plaintiffs are part of the App for Drivers and Couriers Union (ADCU) which protects their interests as private drivers and couriers in the UK. ADCU is itself a member of International Alliance of App Transport Workers (IAATW). ADCU and IAATW want to create a database of the personal information of drivers at Uber. The plaintiffs have made requests by email or via the Uber Driver App to access the data processed by Uber concerning them. Uber provided digital files in response to these requests. The plaintiffs asked the court to review the digital files provided and to order Uber to provide explanation on a series of questions relating to the files given. The plaintiffs claimed that the files given were not complete as the data given did not contain the full information that they were entitled to. The plaintiffs also claimed that the decision was automated within the scope of Article 22 and therefore Article 15(1)(h) applies. They also claimed to have a right to data portability under Article 20(1) GDPR and that information should be provided in a structured, commonly used and machine-readable format. They claim that Uber only provided a small part of the data in the required format. The plaintiffs asked the court to order Uber to: I. a) provide, within one month of notification and in a standard electronic form, access to: (i) personal data which Uber processes, such as the "Driver’s Profile" including the records of Uber employees, "Tags", and "Report", (ii) the purposes for processing, the categories of personal data, recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations and the storage period (iii) in the event of transfer to a third country or to an international organisation; the appropriate safeguards applied by Uber pursuant to art