Netherlands GDPR Implementation Act (UAVG - Uitvoeringswet AVG, 2018)
Exceptions, restrictions and special grounds (arts 40 to 47a) – Netherlands GDPR Implementation Act (UAVG - Uitvoeringswet AVG, 2018)

Netherlands GDPR Implementation Act (UAVG - Uitvoeringswet AVG, 2018) 40: Art. 40 Apply automated decisions under the statutory exception only with human intervention, a hearing and a challenge route

GDPR art. 22(1) does not apply to automated individual decision-making, other than on the basis of profiling, that is necessary to comply with a legal obligation on the controller or to perform a task in the public interest (40(1)); the controller then takes suitable measures to protect the person's rights, freedoms and legitimate interests (40(2)); a controller that is not an administrative body has taken them at least where the right to human intervention, to express one's point of view and to contest the decision are guaranteed (40(3)). Automated decisions based on profiling (for example algorithmic performance scoring leading to dismissal) are not covered and fall under GDPR art. 22 in full.

Maintained by Gerard BlokdykVerified against the published standard Control text last updated

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  • GDPR-Art.22 Automated individual decision-making, including profiling

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