Code of conduct for private detective agencies

Private detective agencies are obliged to observe the guidelines from the Privacy Code of Conduct for Private Investigation Agencies of the Security Sector Association of the Netherlands (Dutch abbreviation: NVB).

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Code of conduct is generally binding

The Privacy Code of Conduct for Private Investigation Agencies (in Dutch) also applies for private detective agencies that are not affiliated with the NVB.

They have to comply with a privacy code of conduct that is identical to the Privacy Code of Conduct for Private Investigation Agencies. This requirement can be found in the Private Security Organizations and Detective Agencies Regulations (Dutch abbreviation: Rpbr).

This makes the Privacy Code of Conduct for Private Investigation Agencies generally binding on all private detective agencies that need a permit under the Private Security Organizations and Detective Agencies Act (Dutch abbreviation: Wpbr).

Revised code of conduct

The old version of the Privacy Code of Conduct for Private Investigation Agencies has been adapted to the General Data Protection Regulation (GDPR).

Next, the revised code of conduct was adopted as an appendix to the Regulation amending the Rpbr in connection with the update of the (privacy) code of conduct and published in the Government Gazette of 18 February 2022.

The rules for personal data processing by detective agencies may be included in the Wpbr in the future.

Advice from the Dutch DPA on revision of the code of conduct

In December 2020, the Dutch Data Protection Authority (Dutch DPA) issued an advice on the revised code of conduct (in Dutch). The advice of the Dutch DPA was incorporated in the adopted version of the code of conduct. The explanatory notes to the Regulation amending the Rpbr deal with the advice of the AP and what exactly was done with it.