According to VoetbalTV, a commercial and legitimate interest can co-exist within the AVG. The judge agrees. “The prior exclusion of a certain interest as a legitimate interest is contrary to European case law.” “Proportionality and subsidiarity were not part of that assessment. Nor did the Dutch Data Protection Authority (DPA) weigh up the interests at the stage of the investigation. made “, said the judge. Because the investigation was not carried out completely, the decision was taken without due care. “The fine of 575,000 Euro can therefore not be upheld”, the judge continued. The Dutch Data Protection Authority has now been instructed to further investigate whether the interest of VoetbalTV in recording and broadcasting matches is in accordance with the privacy rules.
Read more on the verdict here: ECLI:NL:RBMNE:2020:5111, Rechtbank Midden-Nederland, UTR 20/2315 (rechtspraak.nl)