Onderzoek Cbp naar direct marketing. Important opinion of the Dutch Data Protection Authority concerning direct marketing

Onderzoek Cbp naar direct marketing. Important opinion of the Dutch Data Protection Authority concerning direct marketing

The Dutch Data Protection Authority has published the results of an investigation of Advance Concepts B.V. (Advance) about their working method and compliance to the Dutch Data Protection Act.

Advance has collected personal data and combined this with general information from about 2,2 million Dutch citizens. It is argued, by the Dutch DPA that the collected data has not been used compatible within the intended purpose of the collection of the data and the given information to the involved data subject.

Advance states that the purpose(s) of collecting data is explicitly for granting services to clients, providing information about services of Advance, providing of the personal details to carefully selected partners of Advance as aim to send news, offers/deals by phone, email or any other meaning of communication to the client, if agreed upon between Advance and the client..

The Dutch DPA responds that Advance is not enquiring to confirm the client separately to agree on submitting special personal data to third parties, which is required by law, article 16 (data concerning: membership union and health data.)
The data collected has been sold and shared with third parties with the use of list brokers without explicit permission from the client, this is considered an transgression towards the Dutch law, and therefore the reason of the investigation running against Advance.

In defence, Advance argues that the general terms and conditions of Advance states what the intentions and purposes of the collection of data are. The Dutch DPA doesn’t share that view.

The final verdict has not taken place hitherto, but the Dutch DPA has closed it’s investigation phase.

Advance has the very last opportunity to illustrate their prospect on this matter in court, If the verdict decides that Advance acted faultily Advance will be compulsory to obliterate all received personal data, most likely the Dutch DPA will penalize Advance, forcing Advance to make changes in their policies.

In response to the results of the investigation ensued by the Dutch DPA, Advance published a press release. Advance promises to take action to comply with the necessity of changing it’s policy. Even though Advance doesn’t share the same opinion with Dutch DPA, it fully respects its clients needs and the authority Dutch DPA.
Advance guarantees that it would annihilate it’s database fully before January 1st next, together with the third parties with whom the data was shared.