Belgium

On January 12, 2023, the Belgian Constitutional Court decided that a provision of the Belgian data protection law is unconstitutional. 

The relevant provision prevented parties from challenging a decision of the Belgian Supervisory Authority if they were not a party to the proceedings before the Belgian Supervisory Authority that led to the decision.

The Constitutional…

On September 7, 2022, the Brussels Market Court adopted an interim decision in a case brought by IAB Europe, the sector organization for the digital marketing industry, against the Belgian Supervisory Authority.  The authority had fined IAB Europe alleging that its Transparency and Consent Framework (“TCF”) violates the GDPR and that the organization is a (joint) data controller for processing operations performed by the users of the standard, i.e., publishers and adtech vendors. Under the decision, IAB Europe was also required to present a work plan to remediate the alleged violations.Continue Reading Brussels Appeal Court Refers IAB Europe Case to CJEU

In a decision handed down on December 1, 2021, the Brussels Market Court (Court of Appeal) had an opportunity to consider the GDPR right of access.  The Belgian Ministry of Finance appealed the Belgian Supervisory Authority’s recent decision requiring the Ministry to grant a complainant access to her financial file and make corrections to the…

On July 15, 2021, the Belgian Supervisory Authority (“SA”) released a 40-page draft recommendation on the use of biometric data and launched a public consultation to solicit feedback about it.

Most notably, the SA points out that there is no valid legal basis other than explicit consent (with all the GDPR limitations attached to it) that would enable the processing of biometric data for authentication purposes (e.g., security), because Belgian lawmakers failed to adopt the required national legislation to supplement the GDPR (specifically, to underpin the public interest exception found in Art. 9(2)(g) GDPR for processing sensitive personal data).  The SA considers this outcome a departure from the rules that applied prior to the GDPR, and will therefore allow a one-year grace period to give controllers and lawmakers sufficient time to address the issue.Continue Reading Belgian Supervisory Authority Launches Public Consultation on the Use of Biometric Data

On January 13, 2021, the Advocate General (“AG”), Michal Bobek, of the Court of Justice of the European Union (“CJEU”) issued his Opinion in Case C-645/19 Facebook Ireland Limited, Facebook Inc., Facebook Belgium BVBA v. the Belgian Data Protection Authority (“Belgian DPA”).  The AG determined that the one-stop shop mechanism under the EU’s General Data Protection Regulation (“GDPR”) prevents supervisory authorities, who are not the lead supervisory authority (“LSA”) of a controller or processor, from bringing proceedings before their national court, except in limited and exceptional cases specifically provided for by the GDPR.  The case will now move to the CJEU for a final judgment.
Continue Reading Supervisory Authorities Cannot Circumvent One-Stop-Shop According to CJEU Advocate General

On March 13, 2020, the Belgian data protection authority (“APD”) issued guidance on data protection and COVID-19. The guidance is mainly aimed at employers processing personal data of employees in the context of the measures they have taken to contain the spreading of COVID-19.

The guidance is divided in the following three parts:

  • legal basis for processing data;
  • other data protection principles; and
  • frequently asked questions about the processing of employee health data by employers.

Continue Reading Belgian Supervisory Authority Issues Guidance on Data Protection and Coronavirus