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ComputerrechtFebruary 2025Case noteDutch

AVG: Het neerleggen als stuk van een niet gepseudonimiseerd vonnis

GDPR and the submission of a non pseudonymised judgment as evidence

Author: Axel Desmet

This case note, published in Computerrecht, addresses the GDPR implications of submitting a non pseudonymised court judgment as evidence in legal proceedings.

Court judgments are, by their nature, public documents, and the principle of open justice supports their accessibility. At the same time, a judgment may contain personal data relating to parties, witnesses or third parties, and the GDPR imposes obligations on the processing of such data. The note examines the tension that arises when a non pseudonymised judgment is placed on the file as evidence, considering whether and how data protection law restricts the use of a document that the judicial system itself produces and publishes.

It discusses the relationship between procedural rules, the administration of justice and data protection, and the practical question of what obligations fall on those who rely on such judgments in proceedings. The analysis is relevant to litigators, privacy practitioners and anyone handling judgments that contain personal data.

Key points

  • •Court judgments are public documents but may contain personal data under the GDPR.
  • •Submitting a non pseudonymised judgment as evidence can raise data protection questions.
  • •The note examines the tension between open justice and GDPR obligations.
  • •It addresses the relationship between procedural rules and data protection law.
  • •The analysis is relevant to litigators and privacy practitioners handling judgments with personal data.

Related work

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Portrait of Axel Desmet, technology, IP and commercial lawyer at Cresco

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Axel Desmet

Axel Desmet is a technology, IP and commercial lawyer at Cresco in Belgium. His practice focuses on complex technology contracts, strategic commercial arrangements and digital regulation. More about Axel

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