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On 11 of March 2015, the new Cookie Act came into effect in the Netherlands, amending Article 11.7a of the Dutch Telecommunications act (Telecommunicatiewet) (see IRIS 2014-10/28 and IRIS 2012-7/32). The act governs access to and storage of information on a terminal of an end-user via an electronic communications network. The new Cookie Act has interesting implications for the consent requirement regarding certain types of cookies that can be deemed non-privacy invasive. The previous law already exempted functional cookies, which are technically indispensable in order to provide a requested service...

The Dutch Media Authority (Commissariaat voor de Media - CvdM), imposed a EUR 150 000 fine on NTR, an independent Dutch public service broadcaster. Each year, on the evening of 5 December, Dutch families celebrate the birthday of Saint Nicholas (Sinterklaas) with the giving of gifts. And each year, in the weeks before the festive evening, NTR airs a daily fictional news show called “Het Sinterklaasjournaal.” The show is meant for children under the age of twelve. In 2013, the broadcaster also produced and distributed wrapping paper with a Sinterklaas theme. According to the Media Authority, NTR...

On 5 February 2015, the District Court of Amsterdam partly upheld a complaint against the Dutch public broadcaster Avrotros. The proceedings had been initiated following the 11 November 2014 episode of the Dutch television show “Opgelicht” (“Swindled”), in which attention was paid to a large scale insolvency fraud allegedly committed by the plaintiff and the company for which he worked. During the episode concerned, the plaintiff’s name was mentioned, an image of his driver’s licence was shown and words of an accusing nature were used. As an immediate consequence, the plaintiff started preliminary...

On 1 March 2015, the police raided a warehouse in Brunssum and discovered a drugs laboratory. Two persons were arrested. The local broadcaster made a video report covering the raid and police investigation and this video was posted on its website. The footage was then sold to the regional broadcaster, who re-edited it and placed it on its website accompanied by text written by the regional broadcaster. The raid was also covered on the regional broadcaster’s news programme. The plaintiffs are a family whose members are also the partners in a commercial partnership. In the video report, the street...

On 31 March 2015, the Amsterdam Court of Appeal ruled in a case where the plaintiff, a convicted criminal, demanded to have certain search results delisted from Google Search based on search queries limited to his name. The Court of first instance rejected plaintiff’s claim to be delisted from Google Search (see IRIS 2014-10/25). The plaintiff was convicted for the attempted incitement of a contract killing. The conviction was primarily based on audiovisual evidence, which revealed that the plaintiff had discussed a murder with a contract killer, gathered by a Dutch crime reporter by means of hidden...