Collaboration between CBP and OPTA for the purposes of regulating the telecommunications sector

Mr J. Kohnstamm and Mr J.C. Arnbak, of the Dutch Data Protection Authority and the Independent Post and Telecommunications Authority (OPTA) respectively, have signed a collaboration protocol to structure the regulation of the protection of personal data for the purposes of electronic communication. Arrangements have been made for joint regulation covering the protection of people’s privacy and the use of their personal details.

This protocol expands on existing operational arrangements between the two authorities concerning their common fight against spam. In addition, it relates to those matters provided for in the Telecommunications Act pertaining to privacy. It has been agreed that CBP and OPTA will interpret the legal terms which both of them employ, in an identical fashion, so as to ensure a uniform regulatory regime. The two regulatory authorities will provide each other with information and assistance during concrete investigations. Where possible, they also intend to act together to tackle any breakdown of Internet security in accordance with the prohibition against sending unsolicited electronic messages (spam) and the fight against undesirable telephone programmes (diallers) and computer spyware. In addition, their collaboration will cover the regulation of the use of traffic and location details.

In accordance with the provisions of the Personal Data Protection Act [Wet bescherming persoonsgegevens], CBP is responsible for monitoring compliance with the laws governing the use of personal details, such as the Telecommunications Act. OPTA regulates the electronic communication and postal markets, chiefly on the basis of the Telecommunications Act and the Postal Act. It is in these areas that the organisations have powers which are quite complementary and in some cases overlap. The text of the collaboration protocol has been published in the Staatscourant [Government Gazette] and is available at www.cbpweb.nl and this website.