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NIS2 vs GDPR: fines/injunctions in Belgium to be challenged before different courts? While the Belgian legislator has gradually been entrusting one single, specialised court with highly regulatory cases (essentially regarding telecom rules, financial services rules and data protection rules), it appears for now *not* to have chosen to entrust that same court, the Belgian Market […]
Amusing settlement decision by the Belgian DPA published yesterday: 500 EUR & 250 EUR respectively, plus adaptations to policies and procedures, so that when people book a table in a given restaurant by phone their data isn’t included automatically in a third-party table booking system and then used to send commercial e-mails. The lesson? If […]
The European Commission’s announcement that it will consider simplifying regulatory regimes, notably in relation to data and technology, seems to open Pandora’s box. Is it a chance to draw lessons from what works well and what works less well? In this series on “Better Regulation” in relation to the digital economy, I will be exploring […]
Yesterday, I had the pleasure of giving a 5h presentation on the latest case law on the GDPR and other data protection legislation at various levels (Belgium, other EU countries, the Court of Justice and the European Court of Human Rights) to Data Protection Officers from a broad range of organisations and companies. The past […]
Newest Belgian DPA decision confirms that “data breach” is not always “GDPR infringement”, in a decision that (i) suggests good practices so that the data breach response does not itself become a GDPR infringement and (ii) echoes (without quoting) the CJEU’s cybersecurity judgment of 14 December 2023 (Natsionalna agentsia za prihodite). � Context: Further to […]
Fines aren’t the only possible sanction in case of an infringement of data protection rules – prison is also a possibility in certain countries. That’s exactly the outcome of a case in France, where a former head of HR received a six-month (suspended) prison sentence yesterday. In that case, the person in question had created […]
