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Articles by Nienke Kingma
Netherlands moves closer to delayed NIS2 implementation
The Dutch House of Representatives has approved the country’s draft new cybersecurity legislation – the Cyberbeveiligingswet (Cbw) – which takes it a significant step closer to implementing the requirements of the EU-wide NIS2 directive. Approval is now due from the Dutch Senate, which would enable the law to enter force this year – two years after it was originally intended to be made law by the EU.
AI compliance to be overseen by 10 Dutch regulators
The EU AI Act is the world’s first AI law. It entered into force in August 2024, though only some of the provisions are in effect to-date. Under the risk-based approach to AI regulation provided for under the legislation, some types and uses of AI are prohibited altogether. Some of the strictest regulatory requirements remaining concern ‘high-risk’ AI systems and ‘general purpose AI’ models ‘with systemic risk’.
Online marketplaces must vet ads for personal info, rules CJEU
The Court of Justice of the European Union (CJEU) ruled that marketplace platforms are data controllers under the GDPR when they process personal data for their own commercial purposes, putting a legal responsibility on their operators to vet adverts in advance.
Dutch privacy regulator sounds warning over LinkedIn AI plans
And it warned greater regulation could be coming after talks with other data protection bodies across Europe. The Autoriteit Persoonsgegevens (AP), which is the data protection agency for the Netherlands, said it had extreme concerns over the social media giant’s plans to utilise user data for training by default, meaning users would have to choose to opt out of the process manually.
Digital Services Act guidance issued in the Netherlands
Online service providers in the Netherlands have gained an insight into how the EU Digital Services Act (DSA) will be enforced in the country through the publication of new guidance, according to experts. Wouter Seinenand Nienke Kingma of Pinsent Masons in Amsterdam said the guidelines for providers of online services, published by the Dutch Authority for Consumers and Markets (ACM), will shape the work of the ACM once implementing legislation for the DSA in the Netherlands takes effect.
Dutch Media Authority issues first fine to influencer over recognisability of ads
The Dutch media watchdog recently imposed the fine on a TikTok influencer for uploading videos containing advertisements without recognisably indicating that they did so. Since July 2022, the scope of the Dutch Media Act was extended, so video platforms and influencers with more than 500,000 followers must also comply with the regime. They must comply with rules on sponsorship, advertising and product placement. One of the requirements is that that advertisements must be recognisable as such.
Dutch competition authority to take action against fake review sellers
The ACM said that it was important that consumers can rely on the information they find online, and that the authority is now entering into a new phase in its fight against online deception and violation of the rules on fair competition. Nienke Kingma, an Amsterdam-based expert in digital commerce, said: “Tackling fake reviews has been on the ACM’s radar for a longer time. Aside from fake reviews, fighting online deception in general has been a focus area for the ACM for many years.
Dutch DPA warns employers of AI data breaches
According to a recent communication by the AP, there has been an increase of reports of data breaches due to the use of AI chatbots in the workplace such as ChatGPT and Copilot in the Netherlands. The authority said that AI tools are very commonly and increasingly used by both employers and employees and can bring efficiency benefits to organisations. Among other things, they can be utilised to answer customer requests or summarise large files.
Dutch data protection card services fine shows minimal impact of EU-wide guidance
The Dutch DPA recently fined International Card Services B.V. (ICS) €150,000 for breaking General Data Protection Regulations (GDPR) (88 pages/ 960 KB) by failing to perform a required data protection impact assessment (DPIA). This is the first published fine imposed by the Dutch DPA since the application of the EDPB guidelines (48-page / 787KB) on GDPR fine calculations. The fine amount is based on the Dutch DPA’s national guidelines on fine calculation, as well as EDPB guidelines on calculation.
Dutch data protection watchdog shows power against use of unlawful algorithm
The case concerns the unlawful collection and analysis of data by the Dutch Employee Insurance Agency (UWV) as part of the algorithm it used to detect benefit fraud by people residing abroad while receiving unemployment benefits. According to the AP’s publication, the UWV secretly placed cookies to track users of UWV’s websites. This allowed logged-in users to be identified and linked to their IP addresses. In addition, it kept track of how long people were logged in.
GDPR data subject access rights clarified by CJEU
The Court of Justice of the EU (CJEU) also confirmed, however, that organisations will generally not have to reveal the identify of the employees who consulted the individuals’ data on their instruction, when requested by the individual to do so.
Guide gives clarity on calculation of GDPR fines
Nienke Kingma of Pinsent Masons in Amsterdam, who specialises in data protection law, was commenting after the European Data Protection Board (EDPB) published a new methodology and accompanying guidelines on the calculation of administrative fines under the General Data Protection Regulation (GDPR) (48-page / 787KB PDF). The guidelines sit alongside earlier EDPB guidance on the application and setting of administrative fines.
Risk of data protection mass claims persists for businesses in Europe
On 4 May 2023, the CJEU ruled that the mere infringement of the GDPR is not sufficient to confer a right to compensation but that EU member states are precluded from imposing rules or practices that require claims for compensation based on non-material damage to reach “a certain degree of seriousness”.
Dutch consumer regulator publishes P2B Regulation guidance
Out-Law News | 26 Apr 2023 | 10:06 am | 1 min. read The Netherlands Authority for Consumers and Markets (ACM) has published new guidelines on the EU Platform-to-Business Regulation (P2B), which is designed to protect business users on online platforms. The 2020 P2B Regulation contains European rules for a fair and transparent online market where platforms behave responsibly.
EU child protection automatic scan proposals ‘must not come at expense of encryption’
Andre Walter of Pinsent Masons said the plans put forward by the European Commission, which could include obligations on platforms to automatically scan the content of individual messages – known as ‘client-side scanning’ – were well-intentioned but flawed. “Requirements for client-side scanning must not come at the expense of strong end-to-end encryption, which is an essential part of a secure and reliable internet.
Right to repair may lead to increased claims against manufacturers
New regulations which will extend the life of domestic electrical products by up to 10 years, could mean manufacturers face more claims for defective products or negligence, experts at Pinsent Masons, the law firm behind Out-Law have warned.
Legalization of online gambling in the Netherlands - coming by 2021 | Lexology
Netherlands
July 31 2019 The Netherlands Gambling Authority (NGA) is the Dutch independent regulator for gambling. The NGA focuses, inter alia, on the compliance of gambling providers with the applicable laws and regulations. The Dutch Gambling Act (Act) provides the NGA with several enforcement instruments in case of a breach of gambling laws. One of the enforcement instruments available to the NGA is imposing fines on operators if they offer and/or promote illegal games of chance.
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