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Paying with money or personal data: customers will the same rights

This information is provided by

Netherlands Enterprise Agency, RVO

Effective date: 27 April 2022

Do you offer digital products or services? Customers who ‘pay’ with their personal data have the same rights as customers who pay money.

What has changed?

Do you offer digital products? Such as games, music, and apps? Or do you offer digital services? For instance social media platforms and cloud computing services? Do you offer these products or services in exchange for personal data? Customers who ‘pay’ with their personal data have the same rights as customers who pay with money. You must for example make sure the product or service you supply is what can be reasonably expected.

This means for instance that your customer can call you to account if the product or service does not work well. As the seller you are required to offer a solution, for instance a replacement.

If a customer pays with their personal data, the General Data Protection Regulation (GDPR or Algemene Verordening Gegevensbescherming, AVG) applies.

This change in law does not apply to:

  • telecommunications services
  • financial services
  • healthcare
  • gambling

For whom?

  • suppliers of digital content
  • suppliers of digital services

When?

This change in Book 7 of the Dutch Civil Code (Burgerlijk Wetboek) has entered into effect on 27 April 2022.

This article is related to:

This information is provided by

Netherlands Enterprise Agency, RVO
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