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ARTICLE · 28 AUGUST 2026

The GDPR In Dutch Bankruptcy Proceedings: Personal Data Processing By The Insolvency Practitioner

GGI | Global Alliance
GGI | Global Alliance
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When a company enters bankruptcy proceedings within the European Union, insolvency practitioners must navigate a complex intersection of duties: administering the estate while ensuring strict compliance with GDPR requirements for processing personal data. The recent Co-Med healthcare bankruptcy in the Netherlands illustrates how modern insolvency practice requires careful handling of sensitive information, from medical records to employee data, while balancing statutory obligations with fundamental privacy

NetherlandsInsolvency/Bankruptcy/Re-Structuring
Rob Lemmens (Thuis Partners)
Rob Lemmens (Thuis Partners)
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Bankruptcy changes many things, but not the privacy rights of individuals. Within the European Union, the General Data Protection Regulation (GDPR) provides the legal framework governing the processing of personal data. The GDPR is subject to strict enforcement by supervisory authorities.

When a company enters bankruptcy proceedings, the insolvency practitioner gains access to significant amounts of business information, much of which contains personal data. As a result, the insolvency practitioner becomes responsible not only for administering the estate, but also for ensuring that personal data is processed lawfully.

The practical importance of these issues has become particularly evident in healthcare insolvencies. In the recent Co-Med bankruptcy, one of the largest and most publicly debated healthcare insolvencies in the Netherlands, Rob Lemmens was the court-appointed insolvency practitioner. The administration of the estate, involving substantial volumes of sensitive

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