The Dutch Authority for the Financial Markets (AFM) has published an updated Digital Working Method (Digitale Werkwijze 2025) describing how it collects and analyses digital data in supervisory investigations into possible legal breaches. The update aims to provide clearer guidance on roles and processes, including how private and privileged information is handled. The revised document replaces a 2020 version and clarifies the roles of the IT specialist and the privilege officer, including their independence from the supervisory investigation. It also sets out a clearer process for cleansing digital data and specifies that the investigation is conducted on the cleansed dataset, with the IT specialist assessing potential privileged material first via metadata and only where necessary through limited viewing. The AFM also notes that the investigation subject can receive an oral explanation at the AFM’s office on how cleansing is conducted, that a pro-forma cleansing is performed as standard even without an explicit request, and that definitions, including “private data”, have been tightened.
Dutch Authority for the Financial Markets 2025-12-22
Dutch Authority for the Financial Markets updates Digital Working Method to clarify cleansing and use of digital investigative data
The Dutch Authority for the Financial Markets (AFM) has updated its Digital Working Method, enhancing guidance on digital data collection and analysis in supervisory investigations. The revision clarifies roles and processes, including the independence of IT specialists and privilege officers, and outlines procedures for cleansing digital data. Definitions like "private data" have been tightened, and investigation subjects can receive explanations on data cleansing at the AFM's office.