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Blacklist
A blacklist is a register in which persons or organizations deemed undesirable or problematic are recorded, for example in connection with appointments, the granting of credit or cooperation.
In Dutch law, the term “blacklist” refers to a register of persons or entities who, on account of specific conduct such as default, undesirable behaviour or fraud, are excluded from future opportunities. The maintenance of such lists frequently engages privacy and employment-law rules.
Their use is subject to strict regulation under the GDPR and the Personal Data Protection Act. Unlawful inclusion may give rise to claims for damages, rectification orders or administrative fines imposed by the Dutch Data Protection Authority.
In practice, law firms advise clients on the risks associated with operating blacklists and on the safeguards required to avoid liability.
“The former employee claimed damages after being placed on the employer's blacklist without proper grounds.”
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