Dutch DPA checks on appointment of mandatory DPOs
After a check in the healthcare sector this summer, the Dutch Data Protection Authority (DDPA) is now continuing to carry out random checks on organizations to assess their level of compliance with the General Data Protection Regulation (GDPR). This time around, the DDPA carried out a check on 45 banks and 93 insurers to determine their level of compliance with regards to the appointment and registration of the (mandatory) data protection officer (DPO).
Of the checked companies 6 banks and 9 insurers had not yet registered the DPO with the DDPA. They were granted a period of 2 weeks to comply with the registration obligation.
To the banks and insurers that did not have DPOs appointed at all, a 4 week period was granted during which the appointment and registration of their DPO should be completed.
In addition, the checks also showed that 7 banks and 14 insurers did not comply with the requirement of providing the DPO’s direct contact details, for instance on the website or in the privacy notice. In that respect, the DDPA granted the companies concerned a two weeks period to update the contact details.
The DDPA emphasized that everybody should be able to contact a DPO directly and confidentially on privacy and data protection issues without them having to go through another person.
This aligns with the DDPA’s view as published on its website that seeing how banks and insurers process large amounts of personal data of their clients, such as identification data, financial data, transaction data and medical data, DPOs of such companies have a very important role in the protection of personal data and the organization’s compliance with the relevant data protection legislation.
For more information on data protection and compliance in the financial sector please contact Nina Orlić or Merel van Asch.
Nina OrlićAssociate Attorney at law
Nina Orlić, attorney at law, is a member of the Competition & Regulatory practice group. She specialises in data protection and privacy law, telecommunications law, regulated markets and (international) contract law and has experience in employment law.T: +31 20 578 53 44 M: +31 653 38 97 74 E: [email protected]
Merel van AschCounsel Attorney at law
Merel van Asch, attorney at law, is a member of the Litigation & Risk Management Practice Group in our Rotterdam office. Merel is head for the Insurance and Liability team and leads the insurance(litigation)practice.T: +31 10 224 61 60 M: +31 6 51 01 85 47 E: [email protected]