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Dutch Court Overturns DPA Fine on Legitimate Interest Legal Basis

December 1, 2020

On November 23, 2020, the Dutch District Court of Midden-Nederland (the “Court”) determined that the concept of a legitimate interest for processing is broader than simply being an interest derived from law, overturning a fine by the Dutch data protection authority (the “Dutch DPA”).

The Dutch DPA, Autoriteit Persoonsgegevens, issued a €575,000 fine in July 2020 against VoetbalTV, which allowed football players and fans to view professional video footage of amateur matches on its platform, on the basis that it lacked a legal basis for its processing of personal data, as required by Article 6(1) of the EU General Data Protection Regulation (“GDPR”).

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