Lawyer who defended Big Tech companies to lead Dutch privacy regulator

Attorney Geert Potjewijd has been appointed as the next head of the Dutch Data Protection Authority (AP), the Dutch regulator overseeing privacy, AI, and algorithms. He will replace Aleid Wolfsen, who is stepping down after a decade in the role. Potjewijd will officially start his role on August 1. He has been appointed for an initial term of five years, which is eligible for extension.

The Council of Ministers approved Potjewijd’s appointment on Wednesday. He currently works as a lawyer at the firm De Brauw Blackstone Westbroek, where he has represented major companies in mass claims and regulatory cases involving authorities such as the AP. His recent clients include TikTok and Avast in user compensation disputes, while he has also acted for Meta, Uber, and Salesforce in privacy-related cases.

Potjewijd has spent 27 years at De Brauw Blackstone Westbroek. During his tenure, he served as the managing partner (chairman) of the entire firm and co-headed their Data Protection and Cybersecurity practice. Before entering private practice, he studied History and Law at Leiden University, where he also started his career as a lecturer and researcher.

In a statement, the AP said that Potjewijd brings an outside perspective to the regulator. “He knows a great deal about data protection, but his intrinsic motivation to strengthen human rights and protect democracy is even more important,” vice-chair Monique Verdier said. Potjewijd said in the same statement: “The digital society and the growth of artificial intelligence affect all of us. As a regulator, the AP has an important role to play in this.”

In recent years, the Dutch Data Protection Authority has handed out several high-profile penalties to companies found to have breached privacy rules. Last week, the operator of Russian taxi app Yango received a 100 million euro fine, while Uber was fined 290 million euros in 2024. Clearview AI was also ordered to pay more than 30 million euros for illegally building a facial recognition database.

Evelyn Austin, chair of digital rights organisation Bits of Freedom, said it is “a bit disappointing” that a lawyer who previously represented major tech companies will now lead the Dutch privacy watchdog overseeing some of those same firms. She described the appointment as “very awkward” and “a highly unusual choice.”

Austin doubts whether Potjewijd can act credibly against such companies. “You could say that Potjewijd may have seen the light and is now committed to the right cause. But as chair, you have the important task of gaining the trust of citizens and other regulators. To do that, you need to carry out your work in a credible and authentic way. I strongly question how credible he can be when he sits down with organisations he previously faced in court.”

According to Austin, there is no doubt that Potjewijd knows the field well. “He has substantive expertise, because for years he helped companies look for ways to push and cross the boundaries of privacy rules.” That is why Bits of Freedom is wary. “But of course he still has to prove himself. The only thing that matters is that he achieves results, shows that his background does not matter, and uses his expertise in the public interest. But he is already starting 1-0 behind.”

Bits of Freedom already had little confidence in the regulator. Austin said: “The AP has made a number of remarkable decisions. There is a large pile of complaints the authority has not managed to deal with. Civil society organisations do not understand the strategy. The AP’s only response is that it does not receive enough funding. But a lack of money does not necessarily mean you end up with a poor interpretation of the law. With an annual budget of 50 million euros, you should be able to do more than they have done.”