Law note · Netherlands
GDPR and UAVG Articles 40-43, Data-Subject Rights and Journalistic Exception
General Data Protection Regulation (GDPR) Articles 12-23 apply directly: access, rectification, erasure, restriction, portability, objection, and Article 22 automated-decision rights. UAVG Article 40 gives GDPR Article 22 its own domestic exceptions (not to be confused with UAVG's own Article 22, the special-categories prohibition, a distinct provision under the same number).
UAVG Article 43, confirmed verbatim by direct fetch, is the significant national narrowing: for processing carried out exclusively for journalistic purposes or academic, artistic, or literary expression, most of GDPR Chapter III's data-subject rights and Chapters IV-VII do not apply, and Articles 9 and 10 are disapplied to the extent the processing serves those purposes.
What it asks of an app
- Give a person in the Netherlands a path to obtain human intervention, express their view, and contest a decision made solely by automated processing that produces a legal or similarly significant effect on them, subject to UAVG Article 40's exceptions.
- Expect most data-subject rights and controller duties to be disapplied where your processing is exclusively journalistic, academic, artistic, or literary under UAVG Article 43.
When LexLint raises it
Declared activities: crawls_web, trains_models, deploys_chatbot, automated_outreach
Primary source: wetten.overheid.nl, UAVG Art. 43 (direct fetch, verbatim)