The entry into force of the General Data Protection Regulation (AVG) is getting closer and closer. In addition to the AVG, the "General Data Protection Regulation Implementation Act" (UAVG) will also come into force. After the UAVG bill was published on December 13, 2017, last week on Tuesday, March 13, 2018, the UAVG bill was passed by the House of Representatives and has now been presented to the Senate. The bill has undergone some changes by adopting two amendments. The two amendments will be discussed in this blog.
Author: Silvia Vinken
The AVG has direct effect in the Netherlands, but on a number of points the regulation still gives national legislators room to include specific provisions or make exceptions. So the UAVG fleshes out this space, but in addition it also provides for the implementation of the regulation.
An additional article has been added to the UAVG regarding SMEs. Recital 13 of the AVG states that Member States and authorities should take into account the size of companies and organizations. The general principle here should be to avoid imposing unnecessary additional burdens on businesses and organizations.
For the definition of micro, small and medium-sized enterprises, reference is made to Article 2 of the Annex to Commission Recommendation 2003/361/EC. This category includes enterprises employing fewer than 250 persons and whose annual turnover is 50 million euros or whose annual balance sheet total does not exceed 43 million euros. The Autoriteit Persoonsgegevens (AP) will have to consider the needs of these SMEs when applying the AVG. However, to what extent SMEs should be taken into account and what exactly is meant by this is still unclear. These companies seem to be able to count on a more accommodating attitude from the AP but they are not exempt from enforcement.
The second amendment adopted concerns the composition of the AP. The amendment provides that the Board of the AP will always consist of three members: the chairman and two other members. In recent years, the scope of the AP's task has already grown considerably, but because of the entry into force of the AVG, the AP's tasks and responsibilities will grow even more. For this reason, it has been decided to staff the AP Board with 3 people by default.
It is now up to the Senate to vote on the bill. The Implementation Act is due to take effect simultaneously with the AVG on May 25, so time is running out.
This article can also be found in the AVG file
