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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 […]
Privacy-friendly analytics: dismissal of complaint for lack of evidence of processing of personal data. Reasoning of the Belgian DPA’s Inspection Service, quoting SRB and Breyer & confirming our arguments: 1. Insufficient evidence of a GDPR infringement The complainant did not provide concrete evidence demonstrating that his personal data had actually been processed by the provider (or […]
Two victories before the Belgian DPA this week: dismissal of a complaint against a privacy-friendly analytics provider (re ads & content) due to lack of evidence of processing of personal data (Breyer + SRB having an impact), and one decision confirming that where data is shared pre-GDPR, the controller using it post-GDPR is the one […]
New Belgian Data Protection Authority decision on video surveillance: don’t do permanent surveillance of employees. Questions remain, but without more background (name of the stores, history of theft within the stores etc.) it’s difficult to assess whether the BDPA was right in its assessment. The decision mentions the fact that cameras were deployed in 6 […]
Ad blocker on? Aside from meaning “I want all content for free, no matter the cost for the provider”, did you check who decides which ads/scripts/cookies to allow or block, and if this is even legal? Several browser extensions (even some browsers) now prevent certain scripts/cookies/… from loading. This creates “dark traffic”, web traffic that […]
New Belgian Data Protection Authority decision: – Both the controller *and* the processor can be liable for not having a data processing agreement (DPA) in place – If you sign a DPA with “retroactivity clause” (i.e. foreseeing an earlier effective date than the signature date), that retroactivity clause does not have any effect from a […]
Belgian DPA: 100k EUR fine for a controller for not responding during 14 months to a data subject access request. [Decision of 23 August 2024; fine:
Mass rejection of NOYB complaints by Belgian DPA: repeating the cases I have commented before (see notably https://lnkd.in/eMGbdWPh), the Belgian DPA just rejected 16 complaints of NOYB in 5 different cases based on the fact that there was no actual (non-fictional) mandate by data subjects. In its press release (to explain the multiple rejections), the […]
In Belgium? Speak Dutch and French? Active in data protection? Mark 2 September in your agenda for an exclusive event regarding the Belgian DPA’s Litigation Chamber. More details soon, but it should be really fun, and I am honoured to be among the excellent panel of speakers! (Stay tuned – limited seating, and in an […]
That was fast – less than a week after a CJEU judgment stating that it may be necessary for a controller to reveal the identity of the persons (e.g. employees) who processed personal data (C-579/21), the Belgian DPA applies that reasoning (in a separate case from the one handled by the CJEU) and orders a […]