In January 2021, the Belgian Supervisory Authority issued detailed guidance (available in Dutch and French) on how to securely destroy personal data in accordance with the General Data Protection Regulation (“GDPR”).  Among other things, the guidance aims to help controllers and processors comply with their obligations under Article 32 of the GDPR.

According to the guidance, controllers and processors should implement a procedure for securely destroying personal data.  The procedure should ensure, among other things, that personal data is retained in accordance with pre-determined retention periods and then promptly destroyed in a documented manner.

When establishing such a procedure, controllers and processors should assess the types of personal data that they process and the risks presented by the possibility of data breaches (including unauthorized disclosure and/or data loss).  If a controller or processor identifies any data sets including special categories of personal data when conducting this assessment, they should implement a more robust destruction procedure for such data.  The guidance also recommends that controllers and processors create an inventory of their data storage systems.

The guidance discusses different techniques to destroy personal data, depending on the storage system and format in which the data is retained (e.g., hybrid hard drive, solid state drive, and/or paper).  It briefly mentions anonymization of personal data as a possible means to de-identify personal data, but surprisingly states that anonymization “will not be considered as providing a sufficient level of confidentiality and security […] irrespective of the resources (in time and manpower) necessary for its implementation […]” when compared to other methods of destroying personal data.  Presumably, the Belgian authority makes this broad statement to avoid an overly detailed discussion on what qualifies as anonymization.

Finally, the guidance provides links to other technical guidance papers on data destruction published by industry stakeholders and standardization organizations worldwide.

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Photo of Kristof Van Quathem Kristof Van Quathem

Kristof Van Quathem advises clients on information technology matters and policy, with a focus on data protection, cybercrime and various EU data-related initiatives, such as the Data Act, the AI Act and EHDS.

Kristof has been specializing in this area for over twenty…

Kristof Van Quathem advises clients on information technology matters and policy, with a focus on data protection, cybercrime and various EU data-related initiatives, such as the Data Act, the AI Act and EHDS.

Kristof has been specializing in this area for over twenty years and developed particular experience in the life science and information technology sectors. He counsels clients on government affairs strategies concerning EU lawmaking and their compliance with applicable regulatory frameworks, and has represented clients in non-contentious and contentious matters before data protection authorities, national courts and the Court of the Justice of the EU.

Kristof is admitted to practice in Belgium.

Photo of Anna Sophia Oberschelp de Meneses Anna Sophia Oberschelp de Meneses

I advise companies across the EU on technology laws, with a focus on data protection, cybersecurity, and current consumer protection laws. I help businesses navigate complex regulations like the GDPR, AI Act, Digital Services Act, Unfair Commercial Practices Directive, and the upcoming Digital…

I advise companies across the EU on technology laws, with a focus on data protection, cybersecurity, and current consumer protection laws. I help businesses navigate complex regulations like the GDPR, AI Act, Digital Services Act, Unfair Commercial Practices Directive, and the upcoming Digital Fairness Act, turning legal requirements into practical, business-friendly solutions.

In data protection, I support tailored GDPR compliance, international data transfers, and privacy-conscious marketing. On cybersecurity, I guide clients through risk assessments, incident response, and evolving laws such as NIS2 and the Cyber Resilience Act. Regarding consumer protection, I advise on existing laws to help businesses revise their terms and conditions for compliance and review online interfaces to ensure all mandatory consumer information is clearly provided, tackling issues like dark patterns and unfair contract clauses.

Fluent in multiple languages and experienced across borders, I’m passionate about helping clients embed compliance into their operations and thrive in the fast-changing digital landscape.