Medical Confidentiality in Light of Legal Standards in the Netherlands

Abstract

Medical confidentiality is a fundamental pillar of both professional ethics in healthcare and the patient’s right to privacy. This article presents a comprehensive analysis of how this principle is regulated within the Dutch legal system. Drawing on statutory acts, especially the Wet op de geneeskundige behandelingsovereenkomst (WGBO), as well as judicial decisions and expert commentaries, the article out­lines the legal framework, scope, and practical application of professional secrecy in the Netherlands. It explores key obligations imposed on healthcare professionals, such as the duty of silence (zwijgplicht) and the right to refuse testimony (verschoningsrecht), while also examining legally sanctioned exceptions. These include statutory obligations, patient consent, and situations involving conflicts of duties. By examining the Dutch model, widely recognized for its efficiency and high standards, the article highlights how the balance between patient rights and public interest is maintained in one of the most developed healthcare systems in Europe.