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🚨 What now? privacy problemsTIME-SENSITIVE

A business refuses to delete my data — what now?

First send a formal demand with 14-day deadline. No reply? Complaint to AP + on damage: civil damages claim under Art. 82.

Last reviewed: 25 May 2026Reviewed by FFCheck-redactie
Right to erasure (GDPR Art. 17) applies in 6 specific cases — not "I just want it gone". Before escalating: check whether your request fell under a valid ground (see our Right to erasure article). Valid grounds: (1) data no longer needed, (2) consent withdrawn, (3) objection to processing, (4) unlawful processing, (5) legal erasure obligation, (6) data from a minor for info service. Valid refusals by business: legal retention duty (Belastingdienst 7 years), freedom of expression/journalism, vital public interest, archiving, or needed for legal claim. The escalation protocol: step 1 = formal request (with ground). Step 2 = wait 30 days. Step 3 = 14-day demand letter. Step 4 = AP complaint + civil damages claim. Important detail: they don't need to "agree" — if your ground is valid, they must erase. Burden of proof for exception is on the business. Our tooling: erasure request (€9.99) or bundle GDPR rights pack (€29) with AP complaint included.

Step by step

  1. Check whether your ground is valid

    Read our erasure article — compare the 6 grounds to your situation. Often "consent withdrawn" or "data no longer needed" works.

  2. Send formal request with clear ground

    In writing (email is fine). State: your identification, which data to erase, the legal ground from Art. 17(1). Use our letter generator.

  3. Wait 30 days + keep evidence

    Response deadline is 1 month (Art. 12(3)). Extension by 2 months must be notified in advance. Keep all emails + timestamps.

  4. Demand letter (final notice)

    No reply or refusal? Send a 14-day demand letter — reference your earlier request + date + Art. 17 + threaten AP complaint and damages claim.

  5. File AP complaint

    Online via autoriteitpersoonsgegevens.nl or post. Include chronology + evidence. Our AP complaint generator builds the letter.

  6. On damage: civil damages claim (Art. 82)

    For material + non-material damages — typically €250-€5,000 in Dutch case law. Limitation 5 years. Income below threshold: subsidised legal aid via Legal Aid Council.

Ready to act?

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Sources

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