[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"$fKY3GQ3MrpaqLKOcouqhqhX_wKaUjgJQHPPwkHs0wA4M":3},{"article":4,"iocs":49},{"id":5,"title":6,"slug":7,"summary":8,"ai_summary":9,"brief":10,"full_text":11,"url":12,"image_url":13,"published_at":14,"ingested_at":15,"relevance_score":16,"entities":17,"category_id":26,"category":27,"article_tags":31},"dfccd53d-5fb6-4818-bd9d-497b0ebc3b1f","Rb. Noord-Nederland - C\u002F 18\u002F189406\u002FHA ZA 19-6","rb-noord-nederland-c-18-189406-ha-za-19-6-c62c26","← Older revision Revision as of 10:05, 24 June 2026 (One intermediate revision by the same user not shown) Line 10: Line 10: |ECLI=ECLI:NL:RBNNE:2020:247 |ECLI=ECLI:NL:RBNNE:2020:247 |Original_Source_Name_1= |Original_Source_Name_1=de Rechtspraak |Original_Source_Link_1=https:\u002F\u002Fuitspraken.rechtspraak.nl\u002Finziendocument?id=ECLI:NL:RBNNE:2020:247&showbutton=true&keyword=AVG |Original_Source_Link_1=https:\u002F\u002Fuitspraken.rechtspraak.nl\u002Finziendocument?id=ECLI:NL:RBNNE:2020:247&showbutton=true&keyword=AVG |Original_Source_Language_1=Dutch |Original_Source_Language_1=NL |Original_Source_Language__Code_1=NL |Original_Source_Language__Code_1=NL |Original_Source_Name_2= |Original_Source_Name_2=","The District Court of the Northern Netherlands ruled that a company's disclosure of personal data via a Facebook message constituted a loss of control over personal data and a breach of GDPR articles 5(1)(f), 6, and 32(2). The case involved a journalist's counterclaim against the company for processing his personal data without consent, after the company disclosed his data to a third party to initiate proceedings against the publisher.","Dutch court rules Facebook message disclosure of personal data violates GDPR.","Help Rb. Noord-Nederland - C\u002F 18\u002F189406\u002FHA ZA 19-6: Difference between revisions From GDPRhub Jump to:navigation, search ← Older editVisualWikitext Revision as of 16:24, 10 March 2022 view sourceKc (talk | contribs)Bureaucrats, Interface administrators, noContributionReport, Administrators491 editsTag: submission test [1.0]← Older edit Latest revision as of 10:05, 24 June 2026 view source Bms (talk | contribs)Bureaucrats, Interface administrators, noContributionReport, Administrators124 edits (One intermediate revision by the same user not shown)Line 10: Line 10: |ECLI=ECLI:NL:RBNNE:2020:247|ECLI=ECLI:NL:RBNNE:2020:247 |Original_Source_Name_1=|Original_Source_Name_1=de Rechtspraak |Original_Source_Link_1=https:\u002F\u002Fuitspraken.rechtspraak.nl\u002Finziendocument?id=ECLI:NL:RBNNE:2020:247&showbutton=true&keyword=AVG|Original_Source_Link_1=https:\u002F\u002Fuitspraken.rechtspraak.nl\u002Finziendocument?id=ECLI:NL:RBNNE:2020:247&showbutton=true&keyword=AVG |Original_Source_Language_1=Dutch|Original_Source_Language_1=NL |Original_Source_Language__Code_1=NL|Original_Source_Language__Code_1=NL |Original_Source_Name_2=|Original_Source_Name_2= Latest revision as of 10:05, 24 June 2026 Rb. Noord-Nederland - C\u002F 18\u002F189406\u002FHA ZA 19-6 Court: Rb. Noord-Nederland (Netherlands) Jurisdiction: Netherlands Relevant Law: Article 5(1)(f) GDPR Article 6 GDPR Article 32(2) GDPR Decided: 15.01.2020 Published: 23.01.2020 Parties: NDC MEDIA GROUP E.G Anonymous National Case Number\u002FName: C\u002F 18\u002F189406\u002FHA ZA 19-6 European Case Law Identifier: ECLI:NL:RBNNE:2020:247 Appeal from: Appeal to: Original Language(s): NL Original Source: de Rechtspraak (in NL) Initial Contributor: n\u002Fa The District Court of the Northern Netherlands ruled that the disclosure of personal data through a Facebook message constituted a loss of control of personal data and a breach of Article 5(1)(f) GDPR, Article 6 GDPR and Article 32(2) GDPR. Contents 1 English Summary 1.1 Facts 1.2 Dispute 1.3 Holding 2 Comment 3 Further Resources 4 English Machine Translation of the Decision English Summary Facts The first complainant is a company that is engaged, inter alia, in the purchase and sale, rental and leasing of real estate. The second plaintiff is the sole shareholder of the first complainant. The defendant is a journalist working for the group NDC MEDIA GROUP E.G, a newspaper publisher. The plaintiffs submitted a civil action before the District Court of the Northern Netherlands against NDC MEDIA GROUP E.G regarding an online press article concerning their company. This article has been published also via the Facebook's page of the journalist who wrote the article. In support of the newspaper publisher, the journalist counterclaimed that the first plaintiff processed his personal data and disclosed them to a third-party, without his consent. Indeed, the first plaintiff disclosed through a Facebook message the data subject municipality’s Personal Record databased (BRP) extract to a third party for the purpose of initiated the proceedings against the publisher. Dispute The Court had to pronounce itself mainly on the lawwfulness of disclosure of personal data through social network. Holding The Court went through the balancing test to assess whether the conditions laid down in Article 10(2) of the ECHR for a restriction of the right to freedom of expression have been met. The Court recalled that the right for freedom of expression can only be restricted if this is provided for by law and is necessary in a democratic society. For example, a restriction provided by law exists if the court comes to the opinion that the publications, are unlawful within the meaning of Section 6:162 of the Civil Code - this article is the general basis for claims for damages that arise from torts. The District Court found that there has been a violation of a fundamental right which, by its nature and in view of its seriousness, leads to a claim for damages. Regarding the violation of the GDPR, the Court found that the first plaintiff - the data controller - has an independent obligation to process personal date with an appropriate level of security. In the case at hand, the first plaintiff should not have obtained the personal data of the journalist without his consent and should not have disclose to a third-party for the sole purpose of initiating the proceedings. Thus, the first plaintiff violated Articles 5(1)(f), 6 and 32(2) GDPR. In addition, the Court ruled that the first plaintiff had to give a compensation of € 250.00 for fear and stress. Although the Court declared it was not clear what the negative consequence resulting from the disclosure have consisted of, the concept of damages had to be interpreted broadly. Comment Share your comment here! Further Resources Share blogs or news articles here! English Machine Translation of the Decision The decision below is a machine translation of the original. Please refer to the Dutch original for more details. COURT OF NORTHERN NETHERLANDS Private law department Location Groningen Case number \u002F reel number: C\u002F18\u002F189406 \u002F HA ZA 19-6 Judgment of 15 January 2020 in the matter of 1. the private limited liability company [plaintiff 1] , based in Groningen, plaintiff in counterclaim, defendant in counterclaim, attorney Mr. J. F. Koenders, based in Groningen, 2. [plaintiff 2] living at [residence] , plaintiff in convention, attorney Mr. J. F. Koenders, based in Groningen, by 1. the private limited liability company NDC MEDIA GROUP E.G, based in Leeuwarden, defendant in convention, attorney Mr. J.J. Gevers at Assen, 2. [defendant 2], living at [residence] , accused in counterclaim, plaintiff in counterclaim, attorney Mr. J.J. Gevers at Assen. The parties will hereinafter be referred to as [plaintiff 1] , [plaintiff 2] , NDC Mediagroep and [defendant 2]. The procedure 1.1. The course of the procedure is evidenced by - the indictment of December 11, 2018; - the deed of submission of productions of 9 January 2019; - the conclusion of response in convention also requirement in counterclaim of 20 February 2019; - the conclusion of reply in counterclaim also conclusion of reply in counterclaim of 1 May 2019; - the conclusion of the rejoinder also the conclusion of the counter-rejoinder of June 26, 2019; - the conclusion of rejoinder in counterclaim of 7 August 2019. 1.2. Finally, a judgment has been rendered. 2 The facts in counterclaim and counterclaim 2.1. The court shall assess the dispute on the basis of the following facts which are established, because those facts have been established on the one hand and have not been contradicted or have not been sufficiently contradicted on the other hand. 2.2. Plaintiff 1] is a company that is engaged, inter alia, in the purchase and sale, rental and leasing of real estate. Claimant 2] is the sole shareholder of [Claimant 1]. The sole director of [plaintiff 1] is Mr [name A] (hereinafter [name A]). 2.3. NDC Mediagroep is a newspaper publisher, including the newspaper 'Dagblad van het Noorden', and also operates the Groningen city blog Sikkom.nl ('Sikkom'). defendant 2] is a journalist and works for Sikkom. 2.4. On 7 November 2018 an article was posted on the Sikkom website about [plaintiff 1] and [plaintiff 2] , entitled \"Tenants of [plaintiff 2] have to walk kilometres for expensive and full parking spaces\". The article was written by [defendant 2] and has the following content: [article quoted] [article quoted] [article quoted] [article quoted] [article quoted] [article quoted] [article quoted] [article quoted] [article quoted] 2.5. Previous article is also posted on the Facebook page of Sikkom. In addition, [defendant 2] shared on his personal Facebook page a publication with the headline \"Tenants of [plaintiff 2] have to walk kilometers for an expensive and full parking spot\", with the text \"The umpteenth scandal in the Groningen rental sector\", after which there is a reference to the mentioned publication on the Sikkom website. 2.6. 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