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 The Hague’s district court has ruled that loot boxes qualify as a game of chance under the Dutch Betting and Gaming Act (BGA). The decisive factor in its assessment is the definition of a ‘prize’. For the BGA to apply, not only an element of chance is required, but the prize must represent ‘economic value’. Economic value is considered present if players can transfer the virtual goods involved between individual accounts. In addition, if such…

On 27 January, the data protection authority in the Netherlands (“Dutch DPA”) published its main policy priorities (so called “themes”) for the year 2017. Apart from the GDPR, the themes include: profiling, special / sensitive personal data and data security. For companies doing business in the Netherlands, the Dutch DPA’s enforcement agenda is relevant, as it is one of the very few sources to rely on when trying to assess enforcement risks and exposure. Here…

Effective 2016, Netherlands’ businesses must notify the Dutch data protection authority (“DPA”) and sometimes individuals if they suffer certain data breaches that involve personal data under their control. Companies will have to take this seriously, as failure to notify may lead to fines up to €500,000 (or potentially higher).Who Is Affected?The notification duty applies to data controllers that have an establishment in the Netherlands and process personal data in the context of that establishment. It…