No fine for VoetbalTV after all, Council of State reverses privacy watchdog decision Dutch football

Talpa had already been proved right before the court in Utrecht. The Dutch Data Protection Authority had appealed against this. But was again proven wrong.

The fine, imposed in 2019, had far-reaching consequences. The KNVB and Talpa no longer saw the prospect of continuing, despite successful tests at about 150 football clubs. They had installed camera systems along the fields to automatically record and broadcast matches via the VoetbalTV app and on their own websites.

John de Mol devised TV programs with the images, but they were never made at SBS6 or Veronica because of the problems with the privacy watchdog AP. He stated that VoetbalTV, mainly because of Talpa’s plans, had a purely commercial objective. That can never be a ‘legitimate interest’, the AP said under the GDPR privacy law. So players were not allowed to be recognizable in the picture, or they had to give permission first.

It is impossible to always ask players, referees and the public for permission, VoetbalTV said. So Talpa and KNVB pulled the plug. At the beginning of 2021, the two shareholders silently lifted the bankruptcy of VoetbalTV. That was possible because Talpa and the KNVB canceled their own claims of several million euros.

The final win in the lawsuit means that VoetbalTV can become active again. To date, Talpa and the KNVB have been making preparations for this. Staff have now left. Director Maarten Hoffer became director at the Basketball Association. “But I am very happy with the judge’s decision. We have worked hard with VoetbalTV to offer players, supporters and family something extra. That should never have been thwarted by the AP in this way.”