Case law - Legal.digital

"Arnhem-Leeuwarden Court of Appeal ruling: Inspection request personal data Radar forum rejected"

Art. 15 AVG, Art. 85 AVG, Art. 43 UAVG Inspection request for personal data (Radar forum, moderation) stranded on journalistic exception. (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:GHARL:2024:4238

Case law

"Amsterdam court sets higher penalty payment in summary proceedings regarding cessation of unlawful conduct with tracking cookies"

Brief. Claim to impose new (higher) penalty payment for the injunction to cease unlawful conduct (by placing tracking cookies) imposed in the court's judgment granted. (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBAMS:2024:3095

Case law

No compelling interest in claim for cessation of unlawful conduct related to tracking cookies

No urgent interest in claim for cessation of unlawful conduct related to placement of tracking cookies. (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBZWB:2024:4253

Case law

Collective action over cookie privacy violations - Amsterdam Court of Appeal rules on admissibility

Collective action over privacy violations- placement of cookies and building profiles- admissibility- ex nunc review (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:GHAMS:2024:1651

Case law

Amsterdam court prohibits use of 'tracking cookies' without consent - ECLI:NL:RBAMS:2024:3331

KG 4 major Internet companies are ordered to cease and desist from placing and/or reading 'tracking cookies' without the user's consent. Violation of AVG and 11.7a Telecommunications Act. (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBAMS:2024:3331

Case law

Employee mistake not sufficient for award of non-material damages

CJEU 25 January 2024, IT 4473; ECLI:EU:C:2024:72 (Applicant v. MediaMarktSaturn) The applicant in the main proceedings purchased an electrical appliance from Saturn. For the sale of this, a credit agreement was drawn up, which required some of the applicant's personal data to be processed

Case law

"Limburg District Court rules in summary proceedings: privacy wins over legitimate interest in cameras in neighbor dispute"

Brief. Neighbor dispute. Defendant has not sufficiently demonstrated a legitimate interest in the presence of cameras against the front and side walls of his home. The plaintiffs' right to respect for privacy is therefore outweighed. (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBLIM:2024:304

Case law

"Justified use of installed cameras without violation of AVG and illegality, Zeeland-West Brabant District Court rules"

Posted cameras not in violation of AVG and not unlawful. (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBZWB:2023:9058

Case law

Request for disclosure of personal data by housing association

A tenant requests the landlord, the housing association, to provide an overview of the personal data it has processed about him (Art. 15 AVG). The tenant considers the housing corporation's answer (the provided processing overview) insufficient and requests the Rb. (in brief) to order the housing corporation -

Case law

"Request for access to processed data and copies addressed in interlocutory order by 's-Hertogenbosch Court of Appeal"

art. 15 AVG / request for inspection / requested complete overview of data processed and copies / interlocutory decision (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:GHSHE:2023:3911

Case law

"Budget of substitute damages under the GDPR"

Art. 81(1) RO. Estimate of substitute damages. Substantiation of challenge to amount of damages. GDPR. (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:HR:2023:1669

Case law

Overijssel court rules on wrongful conduct by camera use in shared space

Camera use shared space. Invasion of privacy? Unlawful conduct? (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBOVE:2023:4831

Case law

Preliminary questions on access to medical records and position of care provider ECLI:NL:HR:2023:1682

Prejudicial questions (art. 392 Rv). Health law. Extrajudicial handling of medical professional liability cases. Can treating lawyer access medical records without patient's consent? Must provider take substantive position on claim if such consent is not given? (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:HR:2023:

Case law

"Gelderland court protects CBR employees from stalking: remove personal data from website and ban tracking, filming and photographing"

stalking CBR employees, balancing right to privacy and freedom of expression and freedom of the press. order to remove personal data of CBR employees from website, prohibition to post personal data on websites and to follow and photograph and film employees (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:

Case law

"Midden-Nederland District Court grants request for access to medical information based on Section 843a Rv"

Request for inspection and copy of medical information pursuant to Section 843a Rv. Section 843a subsection 1 Rv complied with. No exception under section 843a paragraph 4 Rv. Request granted. (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBMNE:2023:6059

Case law

Damages: Abstract or concrete in light of the General Data Protection Regulation and anticipatory application of Art. 22(7) Rv?

Compensation law. Substitute damages. Estimate of damages. Abstract or concrete? Appeal to the General Data Protection Regulation. Art. 22 Rv. Anticipatory application Art. 22 (7) Rv from Bill on simplification and modernization of law of evidence? (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:PHR:2023:935

Case law

EU Court rules on GDPR right to obtain a first copy of personal data processed free of charge

Under the General Data Protection Regulation (AVG), any person has the right to ask a processor of personal data to provide access to the personal data relating to him that are being processed. To this end, the data subject may submit a request to the processor. The data subject has

Case law

Amsterdam court rejects request under the AVG

Rejection of request under the AVG (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBAMS:2023:5743

Case law

"Amsterdam court bans technology company from placing tracking cookies without consent"

A technology company may no longer put tracking cookies on a man's computer and/or other devices without his consent because it violates fundamental rights and the AVG. (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBAMS:2023:6530

Case law

EU Publications Office publishes Annual Report on Fundamental Rights 2023

The EU Fundamental Rights Agency's (FRA) Fundamental Rights 2023 Report provides an overview of key developments in the field in 2022, with both successes and areas of concern. The report also presents FRA's views on these developments, including a summary of the evidence supporting these views.

Case law

"Limburg court rules: Removal of 2 out of 3 cameras in neighbor dispute"

Summary judgment, neighbors, removal of 3 cameras in connection with sound recordings, award as to 2 of the 3 cameras. Plaintiffs seek removal of 3 cameras placed by defendants (neighbors) on their property. It is established that the cameras record sound within a distance of several meters from the cameras.

Case law

"Dispute between neighbors over security cameras: Request for penalty payment rejected in summary proceedings at Gelderland District Court"

Summary judgment. Dispute between neighbors over security cameras. Claim to impose penalty payment rejected. Urgent interest lacking. (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBGEL:2023:5400

Case law

"Hacker sentenced to partial damages in former student's case against college"

A hacker stole personal data of several (former) students of the college. A former student asked for damages. The district judge awarded partial damages. (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBGEL:2023:5435

Case law

"Rotterdam District Court rules on legality of disclosure of personal data regarding documentary 'Nederland Fraudeland'"

Police Data Act; Judicial and Criminal Records Act; Nullity of media contract? Unlawful disclosure of personal data to third parties? Unlawful invasion of privacy? This case revolves around a documentary ('Nederland Fraudeland') made by Selfmade about the FIOD. Prior to the making of the documentary, conversations were held

Case law

"Interim injunction: rejection of claim for removal of data and payment of cancellation insurance claim"

Brief. Insurance case. Claim for removal of information from records and payment of cancellation insurance claim denied. Plausible that plaintiff acted with intent to induce defendant to make a payment under the cancellation insurance policy when he knew that the insurance did not provide coverage. Plaintiff's actions posed