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In a press release of 7 March 2019, the Dutch Data Protection Authority (DPA) declared that websites must remain accessible for Internet users who refuse to give consent to the placement of tracking cookies. Websites that only grant access to their site after visitors have given consent do not comply with the free consent standard set by the General Data Protection Regulation (GDPR). In the Netherlands, cookie placement is regulated under the Dutch Telecommunications Act (Telecommunicatiewet). Under article 11.7a of this Act, consent is required to store or to receive access to information on the...

In a judgement of 22 December 2018, the District Court of Limburg ruled that a Dutch political party, the Socialist Party (SP), had not acted unlawfully by posting on a website called foutevastgoedbazen.nl (wrongrealestatebosses.nl)) and on a Facebook page statements about a real estate company, Metroprop, which owns a large number of properties in Heerlen, a city in the South of the Netherlands, and about its managing director. The website was an initiative of citizens of Heerlen and the political party aimed at protesting against what they call “wrong real estate bosses”, such as the managing...

In a judgment of 12 December 2018, the District Court of Amsterdam ruled that the Dutch collective rights management organisation Buma/Stemra acted unlawfully by charging two different fees based on a distinction between “private use” and “professional use” to users of online music streaming services. The lawsuit was filed against Buma/Stemra by several producers of background music - all members of the Associated Business Music Distributors (hereafter: “ABMD” or “the claimants”). AMBD members offer background-music subscriptions to several businesses, such as shops, restaurants and gyms. Their...

In a judgment of 8 February 2019, the Midden-Nederland District Court dismissed an action brought by a Dutch movie distributor seeking to obtain Internet users’ contact data held by a Dutch Internet service provider (ISP). The movie distributor requested data that would enable it to identify Internet users who illegally downloaded a certain movie.   Between 21 December 2017 and 2 Februar 2018, the movie distributor was permitted by the Dutch data protection authority (Autoriteit Persoonsgegevens) to collect the Internet Protocol (IP) addresses of Internet users who illegally downloaded the movie...

On 21 December 2018, the provisional relief judge of the District Court of Amsterdam (“the District Court”) ruled on a dispute between PVH B.V. (“PVH”) and two of its subsidiaries on one side, and Facebook Ireland Limited and Facebook Netherlands B.V. (“Facebook”) on the other side. Most notably, the District Court ruled that Facebook did not fall within the scope of the safe harbour provided by Article 14 eCommerce Directive, as implemented by Article 6:196c(4) of the Dutch Civil Code (Burgerlijk Wetboek - “the DCC”). The dispute arose after numerous advertisements were shown on Facebook’s platforms,...