Your insurer asks questions, requests documents or appoints an investigator. Before responding, establish what kind of investigation is taking place. That determines what the insurer may do, what cooperation is required and which safeguards apply.
Written by Onur Arslan, lawyer at Arslan Advocaten, registered with the Netherlands Bar for employment law and personal injury. Updated: 27 September 2026. This article concerns Dutch law.
What is the insurer investigating?
| Issue | Factual investigation | Personal investigation |
|---|---|---|
| Purpose | Establish what happened, the loss and whether it is covered | Obtain clarity where ordinary fact-finding has not resolved justified doubts |
| Trigger | Any reported claim may require investigation | Requires additional justification beyond routine claim handling |
| Methods | Questionnaires, documents, interviews, site inspection, relevant third-party enquiries with an appropriate basis | Methods intruding on private life, such as observation or enquiries in your personal environment |
| Assessment | Necessary to assess the obligation to pay | Proportionality and subsidiarity: is the interference justified, and could a less intrusive method suffice? |
| Information | You generally know because cooperation is requested | Information may sometimes be delayed on a valid legal basis to avoid frustrating the investigation; later notification must be assessed |
The sequence matters. Personal investigation is intrusive. The insurer must explain why ordinary enquiries are insufficient and why the selected method is necessary. A suspicion does not justify every method: greater interference requires stronger justification.
Which framework applies now?
The 2011 Code of Conduct for Personal Investigation was withdrawn from 1 January 2024 following legislative changes, experience and case law. When withdrawing it, the Dutch Association of Insurers (Verbond van Verzekeraars) announced that it would draw up an information document on the safeguards for processing data in investigations by insurers. If the investigation into you took place before 2024, the old code may still play a role in the assessment (opinion of the Advocate General, ECLI:NL:PHR:2026:172, point 3.4).
The underlying protections remain:
- GDPR: a valid legal basis, purpose limitation, data minimisation and rights to information and access.
- Proportionality and subsidiarity: interference with privacy must be justified by the insurer’s interest and a less intrusive adequate method must be considered.
- The 2024 Code of Conduct for Processing Personal Data by Insurers and applicable sector rules.
- Care towards the insured, including obligations arising from the insurance contract.
If the insurer invokes “the code”, ask which document and version it means and which safeguards it applied.
Your rights and their limits
Cooperation
Article 7:941(2) of the Dutch Civil Code requires information and documents needed to assess the insurer’s obligation to pay within a reasonable period. This is a real obligation: a blanket refusal is unwise and may itself have consequences.
However, the duty concerns information relevant to that assessment. If a request appears disproportionate, for example all bank accounts over many years for one narrowly defined loss, ask why it is necessary and on what basis. Targeted cooperation and a reasoned challenge to excessive requests can coexist.
Access to your data
Article 15 GDPR gives access to personal data processed about you. Two distinctions matter:
- Personal data is not the entire internal file. Access covers your personal data and the information required by Article 15, not automatically every internal document, assessment or legal analysis.
- Normally one month, with exceptions. Article 12(3) requires information about action taken without undue delay and within one month. Complexity or the number of requests may justify two further months, but reasons must be notified within the first month. If no action is taken, Article 12(4) requires reasons and information about supervisory and judicial remedies within one month. Certain restrictions may apply, for example under Article 41 UAVG for crime investigation or others’ rights. Such restrictions require specific justification and documentation.
Unlawfully obtained evidence
An unlawful investigation method does not automatically exclude its results. Under Article 152 of the Code of Civil Procedure, evidence may generally be supplied by any means and assessed by the court. In its judgment of 18 April 2014, the Supreme Court explained that civil courts do not apply a general rule excluding unlawfully obtained evidence. Truth-finding and parties’ ability to establish their case normally weigh heavily; additional circumstances may justify exclusion.
In that case the investigation failed proportionality and subsidiarity. Relevant circumstances included insufficient use of alternative enquiries, the insured not having provoked or facilitated the improper gathering, and the purpose of self-regulation, which should not reward an insurer for breaching its own standards. Exclusion survived review even though the privacy interference was limited. A defect is therefore not an automatic trump card, but the surrounding circumstances can make it a serious defence.
The code considered in that judgment has since been withdrawn. The evidence principle is separate; assessment of present investigations must use the applicable GDPR, UAVG and other current rules.
Interview checklist
Prepare before meeting an investigator:
- Ask about subject and status. Who conducts the interview, in what capacity, about which matters, and is it ordinary fact-finding or personal investigation?
- Ask how it is recorded and whether you will receive a report.
- Review your documents: the claim, policy terms applicable on the loss date and correspondence.
- Answer factually. Say when you do not remember. False certainty is more damaging than an honest qualification.
- Do not sign unread. Check the account, correct errors and sign only when accurate. Ask for time to review it if needed.
- Correct later-discovered errors in writing and request that your statement be added to the file.
- Keep all correspondence and dates.
You may arrange assistance for the interview. Tell the investigator beforehand.
Four decisions, four separate assessments
An investigation may produce several decisions. Each has its own test and challenge route. If one fails, the others do not automatically fall away.
| Decision | Question | Further reading |
|---|---|---|
| Claim refusal | Is there cover and is the loss established? | Refused insurance claim |
| Policy termination | Is there a valid ground and were formal requirements met? | Policy termination |
| Warning-register entry | Are protocol requirements met and duration separately assessed? | EVR removal |
| Recovery and investigation costs | Is there a separate legal basis and a substantiated amount? | Investigation costs and SODA |
Links other than EVR above are in Dutch. Conversely, an investigation defect does not automatically require payment: coverage is a separate question.
A criminal report may create a fifth track. A decision not to prosecute or an acquittal does not automatically erase a registration; its reasons may nevertheless be significant where the insurer relies on the same facts. Read EVR after acquittal or discontinuance (Dutch). Our EVR and CIS service can assess the connected decisions.
Do you disagree with the decision?
- Request a reasoned written decision identifying the ground and policy provision.
- Request access under Article 15 GDPR in writing with appropriate identification. Article 35 UAVG may allow a district-court petition about a refused or unanswered request. Normally file within six weeks of receiving the answer; where no answer is given within GDPR periods, that response-triggered limit does not apply.
- Submit the internal complaint and request a final position where required for the next route.
- Kifid or court: assess jurisdiction, time limits and the consequences of binding advice. See our Kifid guide (Dutch).
- Monitor limitation separately. Article 7:942 provides a three-year limitation period for an insurance payment claim, subject to its starting and interruption rules. Do not assume that an ongoing complaint automatically protects the claim.
Facing an investigation or decision? Contact us without obligation and have the correspondence and policy terms ready.
Invited to speak with an investigator
Ask who is conducting the interview, who instructed them and which subjects will be discussed. Explain any need for assistance. Distinguish what you know from an estimate or recollection. A careful answer is better than filling in details you cannot remember.
Ask about recording and delivery of the report. Read a statement before signing and correct factual errors. A signature under a summary may later be important evidence. A blanket refusal to answer relevant questions is usually no solution; focused cooperation can be combined with clear boundaries.
An opportunity to respond before a serious decision
Ask which specific contradictions the insurer identifies and which documents support them. Respond point by point with available evidence. Your response is more useful when you know the relevant photographs, calculations and statements. If necessary, request reasonable time and explain why you need it.
See also requesting the investigation report and applicable investigation protocols (Dutch).
Frequently asked questions
Must I sign the report immediately?
No. Read it carefully and check whether it reflects your words. Have errors corrected before signing; if you make a reservation, specify exactly what you dispute. You can ask to take the report away for review. Correct later-discovered errors in writing and ask for your statement to be added. Arrange assistance in advance if needed.
Can I see the entire investigation file?
Not automatically. Article 15 concerns your personal data and prescribed information, not every internal document or legal analysis. The insurer normally responds within one month, with a permitted two-month extension notified in that first month. Any restriction, for example involving investigation or others’ rights, must be justified.
Does the Code of Conduct for Personal Investigation still apply?
The 2011 code was withdrawn from 1 January 2024. The Association of Insurers announced an information document on processing safeguards in investigations. If the investigation took place before 2024, the old code may still play a role. The GDPR, proportionality, subsidiarity, the applicable personal-data code and contractual duties of care remain relevant. Ask which document and safeguards the insurer actually relies on.
May I refuse to cooperate?
A general refusal is unwise. Article 7:941(2) requires relevant information and documents within a reasonable time; non-compliance may affect payment. The duty is limited to what matters to the assessment. Ask in writing for the necessity and legal basis of requests that appear irrelevant or excessive, and obtain advice on their scope.
