On March 13, 2018, the Second Chamber agreed upon the GDPR Implementation Bill (Uitvoeringswet Algemene verordening gegevensbescherming, UAVG), as was presented to the Parliament on 13 December 2017.
In total, 7 amendments and 7 motions were discussed, including in relation to the age for consent for minors, which according to some members of the Second Chamber should be lowered to the age of 13 (from 16 as it stands right now). Another question raised concerned the derogation with regard to the exception for data breach notifications for financial institutions.
Two amendments were adopted, one of which urges the Dutch Data Protection Authority (Autoriteit Persoonsgegevens, AP) to give leeway to smaller organizations, and the second concerning the composition of the AP, which requires to consist of three members; one chairman and two members. In addition to this, the Second Chamber adopted a motion urging the AP to initially focus on providing guidance with regard to the implementation of the UAVG, rather than immediately and stringently taking enforcement actions.
There is acknowledgement for the importance of discussing various concerns, however the current priority of the parliament is to adopt the UAVG prior to the implementation date of the GDPR coming May 25, 2018. This is also why the UAVG takes a policy neutral approach, meaning that where derogations allow for current legislation to be implemented, this has been done so.
The UAVG still needs to be adopted by the First Chamber, but the First Chamber can no longer put forward amendments. On April 3 2018, the preliminary study to be conducted by the parliamentary commission for justice and safety (eerste Kamercommissie voor Justitie en Veiligheid) will commence. If the First Chamber adopts the UAVG, the legislative text will required to be signed and published in the gazette (Staatsblad) upon which the UAVG can enter into force on a by royal decree designated date.
This will of course be a very important development in the Netherlands and we will keep our readers fully updated on this matter.
The full report of the votes that took place in the Second Chamber, as presented to the standing committee of justice and security, can be read here (in Dutch only).