Strict Enforcement: Evidence Obtained In Breach Of Privacy Law Is Inadmissible

The Dutch Supreme Court recently ruled that insurers have only a limited possibility to use evidence obtained in breach of privacy rules. This inadmissibility of evidence is in line with the recent trend of stricter civil law sanctioning for the violations of privacy law. In labour law cases, Dutch courts awarded immaterial damages to employees whose laptops and telephones have been searched by their employers in breach of privacy rules. The French Supreme Court invalidated a sales contract of a database not registered with the data protection authority. In Germany, various courts determined that competitors can directly invoke breach of privacy rules if a company's inadequate information to consumers leads to unfair competition. And as soon as the European General Data Protection Regulation is adopted, supervisory authorities will be able to impose higher fines – the current proposal is a maximum of EUR 100 million or 5% of annual worldwide turnover, whichever is