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General Data Protection Regulation (GDPR) › Belgium

Follow this channel for updates and analysis on all aspects of the European Union's General Data Protection Regulation, a reform of EU's data protection rules that impacts... more +
Follow this channel for updates and analysis on all aspects of the European Union's General Data Protection Regulation, a reform of EU's data protection rules that impacts individuals throughout the Union and all businesses operating therein. less -
Jones Day

Belgium Adopts New Act on Private Investigations

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The Belgian legislature recently adopted a new act on private investigations ("Act")....more

Alston & Bird

Belgian Data Protection Authority Publishes Guidance on the Interplay between the GDPR and the AI Act

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On 19 September 2024, the Belgian Data Protection Authority (DPA) issued new Guidance on the interplay between the recently adopted EU Regulation on Artificial Intelligence (the AI Act) and the General Data Protection...more

BCLP

Auction of Personal Data: Clarification of the Concepts of Personal Data and Data Controller

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On 7 March 2024, the Court of Justice of the European Union issued a ruling (C-604/22 | IAB Europe) clarifying the concepts of personal data and controller in the context of the use of a Transparency and Consent Framework...more

Constangy, Brooks, Smith & Prophete, LLP

The Belgian Data Protection Authority Reminds Businesses of the Need to Adopt Timely Data Processing Agreements under the GDPR

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Data processing agreements are a standard part of business arrangements involving personal data due to the European Union’s General Data Protection Regulation as well as the ever-expanding number of U.S. consumer privacy...more

Alston & Bird

Belgian Supervisory Authority Sanctions News Media Company for Violating Cookie Rules

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On May 25th, the Belgian Supervisory Authority (“GBA”) announced that it had imposed a fine of EUR 50,000 on a Belgium-based news media company for using cookies on its websites without complying with applicable cookie law...more

Orrick, Herrington & Sutcliffe LLP

The Curious Incident of the Transparency and Consent Framework: Does IAB Europe's ad-consent popup system have a future?

Orrick, Herrington & Sutcliffe LLP on

On 2 February 2022 the Belgian Data Protection Authority ("Belgian DPA") ruled that IAB Europe's Transparency and Consent Framework ("TCF") does not comply with the GDPR and fined IAB Europe €250,000. While the sanctions...more

Wilson Sonsini Goodrich & Rosati

Belgian DPA Finds That IAB Europe’s Cookie Consent Framework Violates the GDPR

Wilson Sonsini Goodrich & Rosati on

On February 2, 2022, the Belgian Data Protection Authority (DPA) found that the Interactive Advertising Bureau Europe (IAB) Transparency & Consent Framework (TCF), a tool used to record individuals' online ad preferences,...more

WilmerHale

Belgian Data Protection Authority Rules IAB Cookie Consent Framework Violates the GDPR

WilmerHale on

Last week, the Belgian Data Protection Authority ruled that the IAB’s cookie consent framework violated the GDPR. This decision has tremendous potential implications on the ad tech industry, as both publishers and advertisers...more

Alston & Bird

Belgian Data Protection Authority Fines Bank for DPO’s Conflicting Roles

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In a decision of December 16, 2021, the Belgian Data Protection Authority (“DPA”) imposed a EUR 75,000 administrative fine on a bank located in Belgium for failure to comply with the requirement in Article 38.6 of the General...more

Alston & Bird

Belgian Supreme Court Rules That Data Protection Authority May Impose Administrative Fines Even Where a Data Subject’s Personal...

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The Belgian Supreme Court ruled in a judgment of Oct. 7, 2021 that a data subject has the right to lodge a complaint with the Data Protection Authority against a processing practice that violates the GDPR (in this case, the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Belgium: Spring Cleaning Tasks for Human Resources in 2020

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Belgium has spent much of the last 12 months without a government following gridlock in coalition negotiations after the general election in May 2019. As such, there has not been any new legislation covering employment law....more

Hogan Lovells

Belgian DPA Issues Guidance on Temperature Measurements in the Context of COVID-19

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In the context of their return-to-work policies companies are seeking solutions to detect individuals with fever at the entrance of their premises with the aim of preventing further contamination within the buildings. ...more

BakerHostetler

Belgian Authority Raises Red Flag for DPOs with Multiple Roles

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Following its investigation of a personal data breach, the Belgian Data Protection Authority (DPA) issued a ruling on April 28, 2020, imposing a €50,000 fine on an organization for negligence in having appointed the company’s...more

Fox Rothschild LLP

Belgium: Public Health And Data Privacy Are Not Incompatible

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Coronavirus and GDPR – the Belgian authority weighs in: •Public health is paramount and prevention and the right to privacy are not incompatible. •Follow the instructions of the competent authorities so that all measures...more

Hogan Lovells

The Belgian Data Protection Authority Publishes Recommendation Concerning Data Processing for Direct Marketing Purposes

Hogan Lovells on

On January 17, The Belgian Data Protection Authority (DPA) published Recommendation no 01/2020 providing Guidance on direct marketing. The Recommendation provides a methodology on how to comply with the General Data...more

A&O Shearman

New guidelines on the processing of personal data for direct marketing purposes

A&O Shearman on

Every day, direct marketing communications are addressed to billions of people who are targeted as a result of the processing of their personal data. Against this background, the Belgian Data Protection Authority (the...more

White & Case LLP

GDPR Guide to National Implementation: Belgium - A practical guide to national GDPR compliance requirements across the EEA

White & Case LLP on

Q1/ Applicable legislation - (a) Have the requirements of the GDPR been addressed by introducing a new law, or by updating existing legislation? New legislation has been passed. ———...more

Fox Rothschild LLP

Belgian DPA: Requiring Customers to Allow Their ID Cards To Be Scanned To Receive Loyalty Cards Violates GDPR

Fox Rothschild LLP on

Asking to read an electronic ID card as a condition for the provision of a service (issuing a rewards/loyalty card) is disproportionate and in violation of GDPR, says the Belgian data protection authority. The company was...more

White & Case LLP

Websites must remain accessible when rejecting tracking cookies – Dutch Data Protection Authority

White & Case LLP on

The Dutch Data Protection Authority (the "Dutch DPA") has issued guidance stating that so-called "cookie walls" are not compliant with the General Data Protection Regulation (the "GDPR"). The guidance is not legally binding,...more

Jones Day

Jones Day Global Privacy & Data Security Update | Vol. 19

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On the heels of the European Union's General Data Protection law, which went into effect in May 2018, California has enacted the California Consumer Privacy Act ("CCPA")—the result of an 11th-hour compromise between...more

Littler

Littler Global Guide - Belgium - Q3 2018

Littler on

Law Implementing GDPR Published in Belgian Official Gazette - New Legislation Enacted - The Belgian Law of July 30, 2018, on the protection of natural persons with regard to the processing of personal data was...more

Jones Day

Belgium Publishes Data Protection Laws Implementing GDPR

Jones Day on

The Situation: On September 5, 2018, Belgium published two laws that implement the Belgian requirements under Regulation 21016/679, the General Data Protection Regulation ("GDPR"). The Details: The two laws include the Law...more

Hogan Lovells

Belgian sunshine rules – Submissions required by 31 May 2018 at the latest

Hogan Lovells on

On 27 December 2016, the Belgian Law of 18 December 2016 concerning various health-related matters (“the Sunshine Act”) was adopted by the Belgian Ministry for Public Health....more

Alston & Bird

Belgian Privacy Commission Issues DPIA “Black” and “White List” Recommendation

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On February 28, 2018, the Belgian Privacy Commission issued a recommendation on the position it takes with regard to data protection impact assessments (or “DPIAs”) as foreseen in the GDPR. A DPIA under the GDPR is similar in...more

Alston & Bird

Data Protection Litigation to Become a New Reality in Belgium

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On November 16, 2017, the Belgian Senate adopted an “Act on the Establishment of the Data Protection Authority.” Following Austria, Germany, and the UK, Belgium is the fourth EU member state to pass a domestic statute...more

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