*Reassuringly dull cyber security e: info@normcyber.comt: +44 (0) 203 855 6215

Subject Access Request fine record set by Dutch DPA


The Dutch Data Protection Authority (DPA) has issued a record subject access request fine to BKR. The fine totalling €830,000 was for charging fees and discouraging individuals who wanted to access their personal data.

Under the GDPR individuals have the right to access personal data collected about them. The Dutch DPA received complaints about the restrictions BKR had set for accessing personal data:

  • To get free access individuals had to send a written request via post, together with a copy of a passport.
  • BKR indicated that submitting an access request via post could “only be requested once a year.”
  • For immediate digital access to their personal data or multiple access requests per year, individuals would have to subscribe with BKR for a minimum annual payment of €4.95.

The Dutch DPA, unsurprisingly, concluded that these practices violated the GDPR. It stated that access requests may only be denied where requests from an individual are manifestly unfounded or excessive, in particular because of their repetitive character, (something that should be assessed on a case-by-case basis). The organisation bears the burden of demonstrating the manifestly unfounded or excessive character of the request.


Requests by individuals to access their personal information are often challenging for organisations to deal with and it’s understandable that BKR would want to minimise the number of such requests. However, one of the fundamental intentions of the GDPR was to give individuals more control over their personal information. As this case shows, placing barriers in the way of people wanting to exercise that control run a risk of incurring a very significant subject access request fine.

If your organisation is looking to comply with the requirements of the GDPR then take a look at how our CSaaS and DPaaS solutions can help.

Appointing NormCyber as our virtual DPO has given Ferrero the best of both worlds – access to data protection experts who understand what we stand for as a business, without the hefty overheads usually associated with appointing an in-house DPO.

Harpreet Thandi
Regional Counsel, UK & Ireland, Ferrero

We were looking for a virtual DPO service that offered all of the benefits of a fully qualified data protection lawyer, without the overheads of an in-house hire. The DPaaS solution from norm. has been invaluable in helping us to ensure we respect the integrity of our customers’ personal information, while using it to continue to deliver differentiated products and services which support our growing customer base.

Mike Whitfield, Compliance Manager

CSaaS allows me to step away from multi-vendor management as the Security Operations Centre coordinates all of the technology for me.

David Vincent, CTO

We were in the market for an independent Data Protection Officer service that was well versed with both UK and EU regulators. We’re thrilled to have acquired this service knowing that an expert is available 24/7.

Suzanne McCabe, Head of Project Management
James Hambro & Partners

Norm’s penetration testing layer, along with the suite of CSaaS modules has enabled MA to exceed all its audit requirements for its major clients.

Rob Elisha, ICT and CRM Manager
Montreal Associates

The speed of your Data Protection Officer’s response was very impressive – it was far quicker than I would have expected even from an in-house DPO

Will Blake, Director of Technology and Analytics
CRU Group