Court case C-09-604682-KG ZA 20-1232 – Court Ruling (Netherlands, 2021)
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 reviewed rules about sharing information on company owners to prevent money laundering. The case focused on whether details about these owners should be public. This decision matters because it affects how much privacy company owners can expect.
What happened
The court examined the requirement for public access to information about company owners under anti-money laundering rules.
Who was affected
Company owners whose details are listed in public registers as part of anti-money laundering efforts.
What the authority found
The court discussed the balance between transparency for anti-money laundering and privacy for company owners, as required by EU directives.
Why this matters
This case highlights the tension between transparency and privacy in financial regulations. Business owners should be aware that their ownership details might be publicly accessible to combat financial crimes.
= Article 30 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for money laundering or terrorist financing (AMLD4) obliged Member States to include information about the ultimate beneficial owners (hereinafter: 'UBOs') of companies and other legal entities in a central (trade) register, a company register or a public register. Information about UBOs should in all cases be accessible to the competent authorities, the Financial Intelligence Unit (FIU) and the obliged entities in the context of their customer due diligence. In addition, all persons or organizations that could demonstrate a legitimate interest had access to the name, month and year of birth, nationality and state of residence of the UBO, as well as to the nature and scope of the economic interest held by the UBO. On July 9, 2018 Directive (EU) 2018/843 of the European Parliament and of the Council of May 30, 2018 amending AMLD4 entered into force (AMLD5). The amended article 30 paragraph 5 stipulates that information about UBOs must be publicly accessible. In all cases, competent authorities, the FIU, the obliged entities in the context of their customer due diligence and every member of the public must be able to consult the UBO information. This includes at least the name, month and year of birth, state of residence, nationality and the nature and size of the economic interest held by the UBO. AMLD5 also states that protection of publicly accessible UBO information can be requested, this on the understanding that this exception cannot be invoked against the competent authorities, the FIU, credit institutions, financial institutions and obliged entities that are public officials. It has been added that a request for foreclosure should be decided on a case-by-case basis, based on a detailed assessment of the exceptional nature of the circumstances. AMLD4 and AMLD5 have been implemented in the Netherlands by amending
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case C-09-604682-KG ZA 20-1232 in NL
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case C-09-604682-KG ZA 20-1232 - Netherlands (2021). Retrieved from cookiefines.eu
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