Sample Privacy Clause for Tenants - Netherlands
As a tenant in the Netherlands, it is important to understand how your personal data is used during screening and when communicating with the landlord. This text explains in plain language what a privacy clause should contain, which rights you have under the GDPR[3], and what practical steps you can take if you have concerns about processing, access, or deletion of data. You will read which points can be included in the rental agreement, how to request evidence, and when to seek help from bodies such as the Rent Tribunal[2]. The explanation is aimed at tenants without a legal background and includes checklists and steps to protect your privacy while renting.
What is included in a privacy clause?
A privacy clause describes which personal data a landlord collects, why that data is used, and how long it is retained. For rental agreements, the Civil Code Book 7 also plays a role for tenancy rules[1]. A good clause briefly refers to the legal basis for processing, retention periods, and the tenant's rights.
Key elements
- Privacy: which personal data the landlord processes (privacy).
- Purposes and legal basis: why data is needed and on what basis (form).
- Retention period: how long data is kept (deadline).
- Tenant rights: access, rectification and deletion (record).
Practical steps for tenants
- Keep evidence: take photos and keep written communications and documents.
- Send a written request for access or correction to the landlord and keep a copy (form).
- First contact the landlord to discuss the issue.
- If the issue remains unresolved, file a complaint with the Rent Tribunal or seek legal assistance.
Frequently Asked Questions
- Can a landlord request personal data for screening?
- Yes, but only data that is proportionate and relevant to the screening. You have rights under the GDPR and the landlord must inform about purposes and retention periods.[3]
- What can you do if you think your data is processed incorrectly?
- You can ask the landlord in writing for correction or deletion. If that fails, you can seek help from the Rent Tribunal or obtain legal assistance.[2]
- Where can you find rules on tenancy law and evidence in rental disputes?
- Rules on tenancy law are found, among other places, in the Civil Code Book 7; for disputes about rents and service charges the Rent Tribunal is commonly used.[1]
How-To
- Check which data the landlord has requested and note date and reason.
- Send a written request for access or correction and keep a copy.
- Discuss the outcome with the landlord; request confirmation by email.
- If the problem persists, file a complaint with the Rent Tribunal or consult a legal assistance provider.
Key takeaways
- Always check what the privacy clause says before signing.
- Keep written contact and store all correspondence as evidence.
- Use your GDPR rights for access, correction, and deletion.
