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Access to telecom data restricted

This information is provided by

Netherlands Enterprise Agency, RVO

Effective date: not yet known

What changes?

The government is planning to introduce strict rules around the use and storage of telecom data. The legal storage time for telecommunication data is 12 months, after this time data needs to be deleted. The use of this data will also be restricted. This change in law is subject to another law, the law on telecom data storage, being in force. Changes include:

  • Telecom data can only be accessed during the 12-month storage period if a crime has taken place (or is suspected) that carries a penalty of at least 8 years imprisonment. For crimes that carry lower penalties, data can be accessed for 6 months
  • Internet data can be accessed for 6 months if a crime is suspected (no change)
  • Before any data can be accessed, the investigating judge must give consent
  • Telecom companies must store and process data within the European Union
  • The Radiocommunication Agency (Agentschap Telecom) will have access to this data

For whom?

Providers of telecommunications services

When?

It is not yet known when this change in law will come into force.

Please note: The law that obliges you to store telecom data (Wet bewaarplicht telecommunicatiegegevens) is not in force at the moment. The law was introduced in 2009, but was rejected by the civil court (in Dutch) in 2015. Storing data is only allowed for administrative use. If you use data for any other end, you breach privacy law. You will have to destroy the data.

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Questions relating to this article?

Please contact the Netherlands Enterprise Agency, RVO

This information is provided by

Netherlands Enterprise Agency, RVO