Doing Business in the Netherlands 2012 - American Chamber of ...

12.9 Net Neutrality
Doing Business in the Netherlands 2012
In June 2011, the Second Chamber of the Dutch Parliament passed a
bill that establishes the principle of “net neutrality” in the Netherlands.
Providers of public electronic communication networks which deliver
internet access services will be prohibited from hindering or slowing
applications or services on the internet. The proposal contains a
carve-out for actions geared towards minimizing the effects of
congestion or where the provider must comply with a law or judicial
order.
The proposal must still be approved by the Senate and is expected to
reach a vote in the first half of 2012. If it passes, the Netherlands will
be the first European country to enact net neutrality legislation.
12.10 Privacy and Legal Interception
In addition to the general rules for the protection of privacy under
Dutch privacy regulation, the TW lays down specific privacy rules
with respect to providers of public electronic communications
networks and services. In general, providers must take the appropriate
organizational and technical measures to protect the privacy of their
subscribers, the subscribers’ personal data, and the users of their
network or services, taking into account the level of technology and
the costs involved.
The TW contains an opt-in regime for SPAM, which includes e-mail
and SMS SPAM. This regime applies to spam sent to natural persons
as well as businesses. The opt-in regime does not apply to unsolicited
e-mail sent regarding products or services similar to those already
purchased by a customer, provided that the customer is given the
opportunity to object to such use of electronic contact details when
they are collected and on the occasion of each message if the customer
has not initially refused such use. OPTA has a proactive approach
with regard to combating spam and can impose severe penalties
because of infringement of spam legislation.
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