Fines imposed on the basis of the General Data Protection Regulation (GDPR) can be insured. Many countries in the European Union have a ban on this, but not the Netherlands. This is the conclusion of a study by risk and insurance advisor Aon.

In the Netherlands, you cannot insure yourself against a fine that results from an offense, intent or gross negligence. Since the imposition of a fine of the supervisory authority is administrative in nature, it is therefore an administrative fine for these reasons and you can insure yourself against it. It is also not clear from case law that this is prohibited.

According to Aon, many organizations are wrongly under the assumption that the Dutch Data Protection Authority first issues a warning. Also, the many gray areas of the GDPR often make it unclear whether a fine can follow. Insurance can provide coverage for this.