Search results : 501

On 1 May 2015, the North Netherlands District Court ruled in a case regarding the request to have certain search results pertaining to the plaintiff’s criminal history delisted from Google Search based on search queries limited to his name. This is another judgment in a series of Dutch cases concerning the application of the CJEU’s Google Spain judgment (see for a recent example IRIS 2015-5/25). The plaintiff was convicted for killing his wife, the mother of his children, in 2007. He was sentenced to 12 years in prison and treatment under a hospital order (terbeschikkingstelling - TBS). Among the...

On 11 May 2015, the Dutch Ministry of Economic Affairs issued a policy regulation clarifying the provision on net neutrality, which is codified in Article 7.4a of the Dutch Telecommunication Act (DTA). The policy regulation was adopted after the Ministry of Economic Affairs held a national consultation round, inviting stakeholders to comment on certain aspects regarding net neutrality. According to Article 21 of the Framework Act on Independent Governing Bodies (Kaderwet Zelfstandige Bestuursorganen), the Dutch Ministry of Economic Affairs has a mandate to issue policy regulations which clarify...

In a judgment on preliminary relief proceedings on 17 April 2015, the District Court of Amsterdam rejected a privacy claim over the broadcast of a secret recording being. The plaintiff had received an area ban for the living area of his ex-girlfriend. The woman also pressed charges against him for stalking her and in the meantime contacted a broadcaster that airs a programme about stalking. On 12 April 2015, the broadcaster announced that within a week they would devote attention to the situation of the woman. The broadcast would show secret recordings of the plaintiff looking over the woman’s...

On 11 March 2015, the District Court of Amsterdam granted a “right to be de-listed” claim against the owner of online archives. The plaintiff claimed that the defendant should be ordered to ensure that news articles in its online news archives would no longer be listed in Google search results displayed following searches made on the basis of the plaintiff’s name. The case involved a businessman against Erdee Media, a Dutch Christian media company that publishes a reformational newspaper and two online archives containing articles from several Christian publications. In 2005, the newspaper published...

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...