Recommendations regarding legislation 

The Dutch DPA must be asked for advice (article 51(2) Wbp) on legislative proposals and draft texts of general administrative regulations that wholly or to a significant extent deal with the processing of personal data.

This advisory task is governed by the provisions of the Kaderwet adviescolleges (Framework Act Advisory Bodies) (Bulletin of Acts, Orders and Decrees, 1996, 378). However, the Dutch DPA, in its capacity as a supervisory body, can also turn to the government, whether or not it submits a copy to one or both Houses of the Parliament. The Dutch DPA also uses the possibility to respond to legislative proposals submitted to the Dutch Lower House. Finally, permanent committees of the Dutch Lower or Upper House often invite the Dutch DPA to respond to pending proposals.

In consultation with the departments involved, the Dutch DPA aims to get an impression of relevant legislation at an early stage and, if possible, to harmonise this in the interest of efficient planning of its advisory task. Preliminary talks are held in certain cases, sometimes involving working parties. After the recommendations have been completed, the legislation process in question is usually monitored. If no compulsory request for recommendations is received, the Dutch DPA generally takes the initiative to arrive at a more detailed specification of the advisory task.