Netherlands
| OVERVIEW | The Netherlands’ constitution guarantees the right of privacy. The country has been active in promoting data protection. |
| ENACTED | Personal Data Protection Act |
| GENERAL PRIVACY LAWS |
Article 27 et seq. of the Personal Data Protection Act requires data controllers to file a notification prior to commencement of automatic data processing. Article 28 lists the information that must be provided in the notification. |
| PERSONAL DATA PROTECTION LAWS AND REGULATIONS | Personal Data Protection Act |
| TYPE OF DATA PROTECTED | The Dutch Works Councils Act (1979) requires every Dutch enterprise consisting of 50 or more employees to elect a Works Council from the employee workforce. The Works Council must be consulted on certain management decisions affecting the employees and the enterprise, which may not be implemented without their formal approval. The Works Council Act requires that any decision concerning the recording, processing, or protection of employee personal data must be ratified by the Works Council. |
| WORKPLACE PRIVACY LAWS |
Chapter 11 of the Personal Data Protection Act governs the transfer of personal data to third countries outside of the EU. Article 76 of the Personal Data Protection Act authorizes transfer only where the countries provide adequate protection or there is an exemption. |
| TRANSBORDER TRANSFERS | Civil and criminal sanctions, including imprisonment. |
| FINES AND SANCTIONS |
All bank employees in the Principality of Monaco are required to observe strict banking secrecy, which is protected by the provisions of Article 308 of the Criminal Code as well as by the Professional Code of Conduct. Included here are protection of the customer’s privacy, information concerning the customer’s financial details, and also business and private data. All information relating to transactions, investments, and bank account details are treated as strictly confidential. |
| OTHER PRIVACY LAWS AND REGULATIONS | The Netherlands’ constitution guarantees the right of privacy. The country has been active in promoting data protection. |
