NETHERLANDS Law and Practice Contributed by: Inge de Laat, Tijmen Noordoven, Ilaha Muhseni and Laetitia Wezenbeek, Rutgers & Posch
ing such a clause. Furthermore, the non-solicitation clause may not be too restrictive. The employer has the right to enforce this clause in court and claim damages if it is breached. Often, the contract includes a penalty clause that obliges the employee to pay a specified amount to the employer if the non-solicitation clause is violated. Nonetheless, courts may choose to reduce or refuse enforcement of the clause. 3. Data Privacy 3.1 Data Privacy Law and Employment The General Data Protection Regulation (GDPR) applies to the processing of personal data by data controllers or processors operating within the Euro - pean Union. In the Netherlands, there are additional national rules derived from the GDPR Implementation Act ( Uitvoeringswet AVG , or UAVG). The GDPR allows member states to establish spe - cific privacy rules concerning employment matters. However, Dutch legislators have not yet made use of this option. The responsible handling of personal data is a core requirement of the GDPR. The data controller must be able to demonstrate compliance with the GDPR, for example through policy documents, agreements and other evidence. Other key principles that are set out in the GDPR and that apply to the processing of personal data are: • lawfulness; • fairness; • transparency;
reach up to EUR20 million or 4% of the global annual turnover, whichever is higher. Compliance with the GDPR and UAVG depends on the specific circumstances and requires appropriate documentation, procedures and organisational meas - ures. It is an ongoing process that must be assessed on a case-by-case basis.
4. Foreign Workers 4.1 Limitations on Foreign Workers
Citizens of the European Economic Area (EEA) and Switzerland do not require a work authorisation. For those from outside the EEA and Switzerland, a work permit is usually needed for stays under three months, while a combined residence and work permit – called a single permit – is required for stays longer than three months. Employers must apply for the work permit through the Employee Insurance Agency (UWV) in the Netherlands, meeting conditions such as compliance with the Dutch Working Conditions Act ( Arbeidsom- standighedenwet ) and ensuring the employee holds a valid residence permit. If the employee plans to stay in the Netherlands for more than three months with - out a residence permit, the employer must apply for a single permit to the Immigration and Naturalisation Service (IND). There are streamlined procedures for specific groups, including highly skilled or highly educated foreign workers (typically assessed by salary or educational qualifications), students, artists, and employees trans - ferred within a company to the Netherlands. All application forms are available only in Dutch. Before applying, all documents must be translated into Dutch, English, German or French. The IND has a maximum of three months to decide on a single permit application. If an employee who is an EEA citizen is going to work temporarily (less than 24 months) in another EEA country, this employee must be in possession of an A1 certificate. An A1 certificate is a statement that the employee is insured in the country where their work is normally performed. The lending employer must apply
• purpose limitation; • data minimisation; • accuracy; • storage limitation; and • security.
Compliance with the GDPR and UAVG is overseen by the Dutch Data Protection Authority ( Autoriteit Per- soonsgegevens ), which can impose administrative measures and fines for violations. Maximum fines can
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