Ola Netherlands BV – Court Ruling (Netherlands, 2021)

The case was brought by 'private hire drivers' in the United Kingdom. They use the services of Ola through the Ola Driver App. The passengers they transport use the Ola Cabs App. The applicants are affiliated with the App Drivers & Couriers Union (ADCU). In the application, they requested to be allowed to inspect the following in a commonly used electronic form: all personal data relating to them that Ola processes, including the personal data as mentioned in the privacy statement and the accompanying documentation, the purposes of the processing, the categories of personal data concerned, the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations and the retention period for these data, the existence of automated decision making, including those referred to in Article 22, paragraph 1 and 4 GDPR provided for profiling, and at least in those cases, useful information on the underlying logic, as well as the importance of and the anticipated effects of such processing, in the event of a transfer to a third country or an international organization, the appropriate safeguards in accordance with Article 46 GDPR that Ola has in place regarding this transfer. Additionally, the applicants requested Ola to provide personal data in a structured, commonly used and machine-readable form, namely as a CSV file, or by means of an Application Programming Interface ( API), in such a way that this data can be directly transmitted to another controller. The requests were based on Article 15 paragraph 1 GDPR 1. According to the applicants, Ola did not provide full access to their personal data in response to their access requests. The privacy statement and accompanying documents show that Ola processes a large number of categories of personal data, but the applicants have not obtained access to many of these categories. Furthermore, the datasets received by them consist o