Dashcams in company vehicles: rules, privacy and claims handling

Yes. Using a dashcam is allowed in the Netherlands, and filming the public road is not prohibited. A dashcam records what happens in front of and, optionally, behind the vehicle. Modern cameras film in high resolution, up to 4K, and often log location and speed as well.

Whether additional rules apply depends on what the camera captures and what you do with the footage. Recognisable pedestrians, cyclists and number plates can be personal data. As soon as a company records, stores or shares footage, it may therefore be processing personal data.

Mount the camera where it does not obstruct the driver's view, for example behind the rear-view mirror. Make sure the cables are concealed, so there are no loose wires or suction cups in sight.

For business use the GDPR applies. The company that has the dashcams installed and uses the footage is the data controller. It therefore decides what the cameras are for, who may view the footage and how long it is kept.

The lawful basis is usually legitimate interest: capturing evidence after damage, protecting vehicles and cargo, and handling claims. Weigh that interest against the privacy of employees and other road users, and record the assessment in writing.

A dashcam that logs GPS position and speed is also capable of monitoring how employees drive. That means the works council's right of consent under Article 27(1)(l) of the Dutch Works Councils Act (WOR) may apply. Treat a dashcam policy with the same care as a GPS tracking policy.

If a provider manages the footage in a cloud environment, that provider is a processor. In that case, sign a data processing agreement and check where the footage is stored.

Do not post dashcam footage on social media or other public channels. Even when a clip shows a striking traffic situation, it often contains recognisable people or number plates. Publication is a separate processing activity for which a business rarely has a lawful basis.

Share footage only with parties that need it for the purpose. Think of your own insurer, the other party's insurer, a loss adjuster or the police. Share only the relevant clip, not the full recording of a working day.

Record internally who may request and export footage. Limit this to one or two roles, such as the fleet manager and the claims handler. That way you keep track of where footage ends up.

If the other party asks for footage directly, consider whether sharing it is necessary to settle the damage. When the claim runs through insurers, preferably share footage via your own insurer.

The GDPR sets no fixed retention period for dashcam footage. The principle is that you do not keep footage longer than the purpose requires. The table at the end of this article gives an indication per purpose.

Most dashcams record continuously in a loop while driving: old recordings are overwritten automatically. That is good for privacy, because footage without an incident disappears by itself. Choose a memory card and settings that fit the purpose, so recordings do not remain available longer than necessary.

After a collision or impact, the camera usually saves the clip separately so it is not overwritten. Move that clip to secure storage and delete it once the damage or the case has been settled.

Record the retention periods you choose in the dashcam policy. Check periodically whether stored clips are still needed and delete what is no longer required. That prevents footage from quietly sitting on a server, laptop or memory card for years.

After a collision, footage helps establish what happened. The insurer can use it when assessing liability, and the police can include it with a report. How much weight footage carries is ultimately up to the insurer or the court.

In parking mode the camera records when it detects an impact or movement. This means parking damage and vandalism can also be captured, provided the camera has a permanent power supply. The battery does not run flat, because the camera only records when something happens.

What helps when handling a claim:

• Keep the original file, without editing or trimming it.
• Note the date, time, location and the number plate of your own vehicle.
• Check that the camera's date and time are set correctly.
• State on the claim form that footage exists, and send the clip on request.
• Keep the clip until the claim is fully settled, and no longer.

A dashcam also captures the driver, even if indirectly: where they drive, how fast and how they react. Inform employees in advance about the purpose, who views footage, when that happens and how long footage is kept. Set this out in the company car policy or in a separate policy.

Also agree on what employees themselves may do. Can a driver view or save footage? And what happens when they report an incident? Clear agreements prevent disputes later.

A cabin camera that films the interior is more sensitive than a camera facing outwards. It records the employee directly, sometimes throughout the working day. Only use a cabin camera if there is a specific need and a less intrusive measure will not do. Systematic monitoring of employees may also require a DPIA.

Many dashcams also record audio. Switch audio recording off by default. Recording conversations you are not part of directly affects privacy and may also be a criminal offence.

Carro Automotive installs dashcams in company cars and vans at its workshop at Stavorenweg 4 in Gouda. You can choose a standalone camera behind the mirror or an integrated unit, front only or front and rear, with 4K options and parking surveillance. All cables are fully concealed.

A standalone front camera takes about 1 hour to install; a front and rear set or an integrated dashcam takes 2 to 3 hours. Product and installation carry a 2-year warranty. At handover the camera is configured and you are shown how to use it. The arrangements on purpose, access and retention are yours to make as the employer.