The tennis association and the Dutch Data Protection Authority (AP) agreed on this in a decision to end legal proceedings following a judgment in 2024.
The AP imposed a fine of 525,000 euros on the tennis association because personal data of certain members had been shared with a lottery organization and a tennis equipment store in June and July 2018. These parties then approached the members by telephone and by post with advertising.
In a subsequent lawsuit, the Court of Justice of the European Union ruled in 2024 that the AP had interpreted the legal concept of ‘legitimate interest’ too strictly. According to the AP, a ‘pure commercial interest’ could never be a valid reason to share personal data without permission.
The Court ruled that under certain circumstances a commercial interest can also be regarded as a legitimate interest. According to the Court, this is only possible under strict conditions. It must be really necessary and the invasion of the privacy of the people involved must be limited. It is important whether people can reasonably expect their personal data to be shared.
KNLTB admits guilt
After the Court’s ruling, the AP and the KNLTB entered into discussions about the further procedure to be followed. The KNLTB now recognizes that it should have acted differently and the provision should not have taken place in the way it did. The association, in collaboration with the AP, is starting an information campaign about privacy for tennis clubs and other sports associations.
The AP appreciates the measures and the constructive attitude of the KNLTB and temporarily reduces the fine to 250,000 euros. The costs incurred by the association for the information campaign and any other measures can be deducted from the amount. The AP will adopt the final fine decision by June 2026 at the latest.