Court case C/08/262365 / KG ZA 21-46 – Court Ruling (Netherlands, 2021)

Court Ruling
DPA RbOverijssel7 April 2021Netherlands
final
Court Ruling

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 court ruled that a child's legal guardian must consent to posting the child's photos online. This decision emphasizes the importance of parental consent for sharing minors' information on social media.

What happened

The court ruled that a child's legal guardian must consent to posting the child's photos on social media.

Who was affected

The child whose photos were posted online without the mother's consent.

What the authority found

The court held that the legal guardian of a minor must give consent before posting the child's content online.

Why this matters

This ruling underscores the need for parental consent when sharing minors' information online, reminding individuals to respect privacy rules regarding children.

GDPR Articles Cited

Art. 8 GDPR
Art. 2(2)(c) GDPR

National Law Articles

Dutch GDPR Implementation Act
Decision AuthorityRb. Overijssel
Full Legal Summary
Detailed

The defendant has posted content of the plaintiff’s child on social media. The plaintiff has not given her consent. The plaintiff has asked the defendant to remove the content. The defendant did not remove the content. The defendant states that she could post the content considering she is attached to the child and because her child is his halfsister. Does the defendant have to remove the content of the minor from social media because the plaintiff (the minor's mother) did not give her consent? The court holds that based on the GDPR and the Dutch GDPR Implementation Act the legal guardian of a minor under the age of sixteen has to give consent for posting content (photos or videos) of the minor.

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/08/262365 / KG ZA 21-46 in NL

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

7 April 2021

Authority

DPA RbOverijssel

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Court case C/08/262365 / KG ZA 21-46 - Netherlands (2021). Retrieved from cookiefines.eu

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