Data Transfers Outside EU — Your Rights in Netherlands

What's happening?

Companies increasingly work with international partners or use cloud services that store data outside the EU. This happens, for example, when using American platforms like Google, Microsoft or Amazon. Also with webshops using American payment services or companies with international customer systems, your data ends up outside Europe. The GDPR sets strict requirements for these transfers because not all countries have the same level of privacy protection as the EU. Without proper safeguards, transfers to countries outside the EU are prohibited under Dutch law.

What does the law say?

The GDPR regulates in Chapter V when and how personal data may be transferred outside the EU. The principle is that data may only leave the EU if adequate protection is guaranteed. This means that the receiving country or receiving organisation must offer comparable privacy protection to that within the EU. The European Commission maintains a list of countries that have this level of protection. For other countries, special safeguards are needed such as contractual arrangements or binding corporate rules.

What are your rights?

If your data is transferred outside the EU, you have various rights you can exercise under Dutch law. These rights remain in effect regardless of where your data is located.

What can you do now?

Follow these steps to take action against unlawful transfer of your data in the Netherlands:

Sample letter or template

MijnRecht.AI can help you draft a professional letter asking the company for information about the transfer of your data. We can also create a complaint letter for the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) if adequate safeguards have not been put in place.

Where can you turn for help?

For problems with data transfers outside the EU in the Netherlands, you can contact the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) to file a complaint. The Legal Counter (Juridisch Loket) offers free advice about your rights. In case of damage from privacy violations, you may consider going to court, possibly with help from a specialised lawyer familiar with Dutch privacy law.