Providing ‘bare’ data by RDW is not an economic activity

Providing ‘bare’ data about license plates for free or for a small fee by RDW, the Dutch national motor vehicle and driving license registration authority, is not an economic activity. This was revealed by an analysis that the Netherlands Authority for Consumers and Markets (ACM) carried out following questions from a firm about providing data that RDW manages.

If public organizations process or enrich the data with other information, the Dutch Act on Government and Free Markets applies. In that case, such organizations must stick to the rules of conduct laid down in the Dutch Competition Act. These rules were added to the Dutch Competition Act following the adoption of the Dutch Act on Government and Free Markets. The latter act ensures there is a level playing field between government and businesses.

RDW registers vehicle data in the License Plate Register, which is one of its statutory tasks. RDW makes this vehicle information available to the public, for instance on the internet through “online vehicle information” for individuals and business users. ACM has ruled that providing these “bare” data through the “online vehicle information” is not an economic activity. What RDW does is making public information accessible. That is why the Dutch Act on Government and Free Markets does not apply in this case.

The rules of conduct in the Dutch Competition Act are to make sure that government agencies that carry out economic activities perform these activities in such a way that they do not distort competition. This may involve the rental of sports facilities, maintenance of green areas and the collection of commercial waste. Fair competition stimulates entrepreneurship. Local governments have until 1 July 2014 to comply with the code of conduct laid down in the Dutch Act on Government and Free Markets.