The Autoriteit Persoonsgegevens AP) and the Royal Dutch Lawn Tennis Association (KNLTB) have agreed to end legal proceedings following the 2024 Court of Justice ruling. The KNLTB acknowledges that it should have acted differently when providing members' personal data to partners. The association is also launching an information campaign on privacy, in which the AP and the KNLTB will cooperate. Together, these unique circumstances make the AP reduce the fine previously imposed. This brings an end to the lawsuit over the fine.
In 2019, the AP fined the tennis association KNLTB €525,000 for providing personal data. In June and July 2018, the KNLTB shared personal data of certain members with a lottery organization and a tennis equipment store. These parties then approached members by phone and mail with advertisements.
In the court case that followed, the Court of Justice of the European Union ruled in 2024 that the AP had interpreted the legal concept of "legitimate interest" too strictly. According to the AP, a "purely commercial interest" could never be a valid reason for sharing personal data without consent.
The Court held that under certain circumstances a commercial interest could also qualify as a legitimate interest. But the Court did not give organizations a free pass to simply provide personal data by stating that they have a legitimate interest to do so. This is only possible under strict conditions. For example, it must be really necessary and the infringement on the privacy of the people concerned must be limited. Important here is whether people can reasonably expect their personal data to be shared and whether they are properly informed. In short, people must remain in control of their personal data.
Following the court's ruling, the AP and the KNLTB entered into discussions about further legal action. The KNLTB now acknowledges that it should have acted differently and the provision should not have been made in the way it was.
The association is launching a privacy education campaign toward tennis clubs and other sports associations. The AP will cooperate with the KNLTB in that campaign.
The AP appreciates the measures taken by the association and the constructive attitude of the KNLTB. Because of the unique nature of the case, the AP is reducing the fine to 250,000 euros, less the costs incurred by the association for the information campaign and any other measures. Exactly how high those costs will be is not yet clear. No later than June 2026, the AP will make the final fine decision.
