With the GDPR the work of compliance and data officers will not become sexier. Companies in the EU area and their lawyers should work on the compliance with the new requirements the General Data Protection Regulation (GDPR). In force as per May 25, 2017. My lawfirm has prepared clients for the GDPR requirements.
Personal Data in Europe under GDPR
Companies using personal data of European citizens should work on the compliance with the new GDPR requirements. Companies should have privacy notices and policies and analyse the legal basis on which personal data is used. Some of the issues the GDPR brings on:
- companies outside the EU targeting consumers in the EU will be subject to the GDPR
- data processors have direct obligations to comply with
- data controllers and processors must appoint a Data Protection Officer (the DPO)
- a written record of processing activities should be maintained carried out on behalf of each controller
- consent to processing of someone’s personal data must be as easy to withdraw as to give and must be ‘explicit’ for sensitive data
- data subject will have a right to object if personal data is processed for direct marketing
- data controllers must notify most data breaches to the DPA; Fines of up to 4% of total turnover can be imposed.
Regulatory and compliance on data processing has gone to the next level with the GDPR. Compliance and data officers will have extra work to do.
Dutch Airbnb rentals get tough treatment
Short-stay rentals typically appear to be regulated at a municipal/regional level and thus differing regulations can be seen within a given country. The serious increase of short stay rental activity in recent years, cities around the world are looking at ways to reform their regulations or have already taken actions to do so.
Scruffy Dutch law discourages landlords
Because the traditional regulatory frameworks were largely designed without these new additions to the short-term accommodation market in mind, there is a danger that they will be ill-adapted to application to Airbnb-style providers or that such providers may entirely fall outside of the scope of the regulatory framework. As a lawyer focused on human rights article 1 EP (European Protocol) comes in the picture, the right to property, in particular the right to derive profit from property recognised by the the European Court in the case Hutten-Czapska vs Poland.
A more social consideration is also used by the Court:
Property, including privately owned property, has also a social function which, given the appropriate circumstances, must be put into the equation to determine whether the fair balance has been struck between the demands of the general interest of the community and the individual’s fundamental rights.
Ban on airnbnb rentals unjusified
In my Dutch law firm we notice a increasing call from property owners that do not accept de local restrictions e.g. in the City of Amsterdam. To my opinion the balance has gone to far in the protection mode and the basic right of the landlord to rent including short stay rent is infringed.