Open Love

Law Enforcement Cooperation Protocol

Open Love - a service of Klikkracht B.V.

Last updated: 7 July 2026

1. Purpose and scope

This protocol describes how Klikkracht B.V., operating under the name Open Love ("Open Love", "we"), handles requests from police, judicial authorities, and other competent authorities for the disclosure of user data, and the safeguards that apply. It is intended to:

  • give users and regulators (including our payment service provider Stripe) insight into our approach;
  • ensure that we handle lawful law enforcement requests promptly and carefully;
  • ensure that we do not disclose data without a proper legal basis, in order to protect the privacy of our users.

2. Responsible entity and point of contact

2.1 Klikkracht B.V. (Dutch Chamber of Commerce (KvK) no. 91303281) is the data controller for the personal data processed via Open Love.

2.2 Requests from law enforcement authorities should be addressed to: Klikkracht B.V. (Open Love), Attn: Legal Affairs, email: legal@openlove.nl. This address is maintained separately from our general support address. Internally, it is documented who manages this address and reviews requests; this does not need to be stated in this public document.

2.3 For international requests (from authorities outside the Netherlands), the additional procedure in Article 9 applies.

3. Legal framework

3.1 GDPR basis. Open Love processes and discloses personal data to law enforcement authorities solely on the basis of a legal obligation (Article 6(1)(c) GDPR) or, in exceptional cases where necessary to protect the vital interests of a user or third party (Article 6(1)(d) GDPR).

3.2 Special category data. Given the nature of Open Love as a platform for the ENM community, account data and profile information may qualify as special category personal data within the meaning of Article 9 GDPR, as they can reveal a person's sex life or sexual orientation. This requires particular care: such data will only be disclosed if the legal basis explicitly permits it and the request is proportionate. In this context, we note that a production order issued by the public prosecutor under Article 126nd of the Dutch Code of Criminal Procedure (Sv) may explicitly not extend to data concerning a person's sex life, unless another, more specific legal basis permits this. Any request that appears to touch on this is therefore assessed with particular scrutiny.

3.3 Dutch Code of Criminal Procedure. The main powers under which Dutch law enforcement can obtain data from Open Love are:

  • Articles 126n/126na Sv: production order for identifying data (name, address, place of residence) of a user, in certain cases orderable by an investigating officer.
  • Article 126nc Sv: production order for identifying data, issued by the public prosecutor.
  • Article 126nd Sv: production order for other stored data (e.g. account data, messages, log files), issued by the public prosecutor, excluding certain special category personal data (see 3.2).
  • Articles 126ne/126nf Sv: production order for future or ongoing data processing, subject to additional conditions and judicial authorization.

A production order under these articles is, in principle, issued in writing and states the criminal offense, the data requested, and the period within which it must be provided. In cases of urgent necessity, an order may be given orally, followed by written confirmation within three days (see Article 8 of this protocol).

3.4 Court order or subpoena. For data that cannot be obtained via a production order under the Sv, a court order may be required. Open Love does not, in principle, disclose data on the basis of an informal or unsubstantiated request from police or other authorities.

4. Types of data that may be requested

Depending on the nature of the request and the applicable legal basis, this may include:

  • basic account data (name, email address, phone number, registration date);
  • technical/traffic data (IP addresses, login times, devices used);
  • profile and communication data (to the extent necessary and permitted under the applicable legal basis);
  • payment data to the extent held by Open Love itself (payments are otherwise processed via our payment service provider, which maintains its own protocol for this).

5. Procedure upon receipt of a request

Upon receiving a request from a law enforcement authority, Open Love follows these steps:

  • Authenticity check. We verify that the request genuinely originates from a competent authority (for example, by calling back via an official, publicly known number of the unit concerned, rather than a number provided in the request itself).
  • Legal review. We assess whether the request has a valid legal basis (such as a production order under Articles 126nc-126nf Sv, or a court order), whether the request is sufficiently specific and substantiated, and whether it is proportionate to its stated purpose.
  • Internal coordination. Requests are reviewed by the designated responsible party (see Article 2), with legal advice involved where necessary, before any data is disclosed.
  • Disclosure. In the case of a valid and sufficiently substantiated request, we disclose only the specifically requested data, and no more than necessary.
  • Record-keeping. An internal log is kept of every request and how it was handled (see Article 10).

6. Grounds for refusal

Open Love may (partially) refuse to disclose data, or request clarification, if:

  • the request does not state a valid legal basis or does not appear to originate from a competent authority;
  • the request is insufficiently specific, disproportionately broad, or not targeted at a concrete investigation;
  • the request concerns categories of data that are excluded under Dutch law (see Article 3.2);
  • disclosure would, in our assessment, be contrary to the GDPR or other applicable law.

In such cases, we will contact the requesting authority to clarify the basis or scope of the request, and will seek legal advice where necessary.

7. Voluntary reports by Open Love

In addition to responding to production orders, Open Love may, on its own initiative, report to the police and/or specialized reporting bodies where there is reasonable suspicion of:

  • sexual exploitation of, or boundary-crossing conduct toward, minors (report to the police and/or the Dutch hotline for child sexual abuse material, Meldpunt Kinderporno / EOKM);
  • human trafficking or forced prostitution;
  • an acute threat to the life or physical safety of a user or third party.

These voluntary reports are based on the legitimate interest of Open Love and third parties in preventing serious criminal conduct and protecting user safety, and are kept as limited as possible to what is necessary for the report.

8. Urgent requests

8.1 In situations of urgent necessity (e.g. acute danger to life or safety), a production order may be given orally. Open Love will cooperate in such cases, provided it can reasonably be established that the request originates from a competent authority, and will request written confirmation within the applicable period (in principle three days, in accordance with Article 126nd Sv).

8.2 In case of doubt about the urgency or authority of the requesting body, Open Love will, where possible, first contact the national police unit or local police station for verification.

9. International requests

9.1 Requests from foreign authorities will, in principle, not be honored directly, but must proceed through the designated channels, such as a mutual legal assistance request (MLAT), a European Investigation Order, or - within the EU - a European Production Order (EPOEU) authorized by a Dutch public prosecutor or judge, in accordance with the applicable EU regulation.

9.2 In case of doubt about the correct route for an international request, Open Love will seek legal advice before responding.

10. Data retention and informing users

10.1 Open Love retains data in accordance with the retention policy described in its privacy policy, for no longer than necessary for the purposes for which it was collected or as required by law.

10.2 Open Love will, in principle, inform a user about a request concerning them, unless this is legally prohibited (for example, by a non-disclosure order), or would reasonably be expected to compromise the effectiveness of the investigation.

11. Internal record-keeping

Open Love maintains an internal log of requests received, their assessment, and how they were handled, so that it can be demonstrated at any time on what basis and to what extent data has been disclosed.

12. Contact

For questions about this protocol, or to submit a request: legal@openlove.nl.