Skip to main content
Praxikon

Ruling

Interim relief judge: DPA must redact fine amount when giving an enforcement decision to complainants

Date
Status
status not established
Body
Rechtbank Den Haag, voorzieningenrechter (kort geding, team handel)
Reference
ECLI:NL:RBDHA:2024:17249; C/09/663620 / KG ZA 24-273

What it is about

On 6 December 2023 the Dutch DPA imposed two administrative fines and two orders subject to penalty payments on an anonymised provider of a financial service, for breaching Article 5(1)(a) with Article 6(1) GDPR and Article 12(1) with Article 14(1) and (2) GDPR. The DPA intended to send the full decision, including the fine amount, to the two complainants. The civil interim relief judge accepted that the complainants are interested parties, but ordered the DPA to redact the fine amount and the parts on its calculation and prohibited the DPA from informing the complainants of them. The fine is substantial, disclosure before judicial review could cause serious reputational harm, and the complainants have no concrete interest in the exact amount. A general ban on disclosure to third parties was refused.

What this means in practice

Complainants are entitled to know that and how the DPA enforces, but not automatically to the exact fine amount and its calculation while the decision has not yet been reviewed by a court. If you are fined after complaints, you can ask the DPA to redact the amount and calculation in the copy for complainants, and if needed start interim relief proceedings. An objection against the announced sending does not work, because that is a factual act (ECLI:NL:RBDHA:2024:3754). This route does not give a general ban on publishing the fine; that runs through the separate view on publication.

The GDPR articles concerned

Source: Rechtspraak.nlchecked on 15 September 2026

Summary and practical reading by Praxikon. Not legal advice; the source prevails.

Connections

What connects to this development

The counterpart in the other law

Case law8 of 17

Guidelines8 of 13

Enforcement and fines8 of 14

Legislation in motion6 of 8