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Netherlands: Gelderland Court issues judgment on minors' photographs on social media under GDPR

The Gelderland Court ('the Court') issued, on 13 May 2020, its judgment on minors' photographs on social media under the General Data Protection Regulation (Regulation (EU) 2016/679). In particular, the Court outlined that an individual ('the Defendant') had published photos of her daughter's ('the Claimant') children on Pinterest and Facebook which the Claimant requested to be removed. The Court held that it has not been sufficiently established how the Defendant's Facebook and Pinterest accounts had been set up or protected, or whether the photos could be found via a search engine such as Google. Furthermore, the Court ruled that, on Facebook, it could not be ruled out that the placed photos could be distributed and become the property of third parties. In view of these circumstances, the Court ruled that it had not become apparent that the Defendant was carrying out a purely personal or household activity and thus provisions of the GDPR apply. 

Moreover, the Court outlined that the General Data Protection Regulation Implementation Act 2018 stipulates that the posting of photos of minors who have not yet reached the age of 16 requires the permission of their legal representative and that the Claimant had not given such permission to the Defendant. Finally, the Court ordered the Defendant to remove the photos of the children from her social media within ten days of the judgment and proposed a fine of €50 payable to the Claimant for each day in violation. In addition, the Court banned the Defendant from posting, displaying, or otherwise distributing photos of the Claimant's children on social media, and proposed a fine of €50 for each day the Defendant breached such a ban. 

You can read the judgment, only available in Dutch, here.