The Data Processing by Collaborative Groups Act (WGS) will enter into force on March 1, 2025. This law provides a legal basis for the systematic sharing and processing of personal data within cooperative ventures aimed at fighting fraud and (organized) undermining crime, among other things.
In addition to the Regional Information and Expertise Centers (RIECs), the WGS applies to the following organizations:
Financial Expertise Center (FEC): an alliance of financial supervisors and investigative agencies aimed at combating financial crime.
Infobox Criminal and Unexplained Assets (iCOV): A platform where various government agencies share information to detect and address criminal assets.
Care and Safety Houses (ZVHs): Regional networks in which partners from care, justice and municipalities work together to address complex issues surrounding individuals with multiple problems.
The WGS imposes requirements on participating organizations to ensure the legality of data sharing:
Clearly defined objectives: Data should be shared only for weighty general interests, such as fighting fraud and organized crime.
Necessity and proportionality: The processing of personal data must be necessary and not go beyond what is necessary.
Transparency and accountability: Organizations should be transparent about their data processing operations and be able to justify what data they share and why.
Security and confidentiality: Appropriate technical and organizational measures must be taken to ensure the security and confidentiality of data.
When implementing the WGS, organizations should consider the following aspects:
Legal review: Ensure that all data processing complies with legal requirements and have it reviewed by legal experts if necessary.
Training and awareness: Train employees in the new legislation and create awareness around privacy and data protection.
Collaborative agreements: Make clear agreements with partners about roles, responsibilities and procedures within the partnership.
Supervision and enforcement: Establish internal supervision and enforcement to monitor compliance with the law and correct abuses in a timely manner.
In short, the WGS provides an essential foundation for cooperation in combating serious crime, provided it is implemented in a careful and lawful manner. Proper implementation is necessary not only for the effectiveness of cooperation, but also to safeguard the rights and privacy of data subjects.
