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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 […]
Personalisation of digital audiovisual service + use of social media logins: Belgian DPA follows our arguments that contract can be a valid legal ground for personalised services and that terms of use of an online service can be a valid contract to that end, and it recognises that provided there is transparency & data minimisation, […]
Belgian DPA drops a bomb on a complaint filed by noyb.eu: in Belgium at least, says the BDPA, in order for noyb to have a legal interest in filing a complaint on behalf of data subjects, those data subjects cannot have been working for noyb at the time. The case in question concerned cookies and […]
Lots to digest in the Belgian Data Protection Authority’s latest decision, regarding a large data broker. One of the most important parts is its paragraph 100, which inadvertently raises the question of whether non-compliance with a data source’s terms of use or licence agreement can render a processing unlawful. The context: the data broker included […]
Here is an English version of the questions referred yesterday to the CJEU on the right to erasure or “right to be forgotten” in a case about a request for removal from a baptism register – an interesting balance of fundamental rights. The case, an appeal against a decision by the Belgian Data Protection Authority […]
In case of a complaint before a supervisory authority, will a settlement to withdraw the complaint stop an investigation? The Belgian Data Protection Authority examined the issue in its newest decision: 1. Context and procedure: A data subject complaints before the BDPA because a (large) search engine provider (as controller) has rejected a delisting/erasure request […]
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 […]
The Belgian Data Protection Authority has adopted a new decision that applies the principles on automated decision-making set out by the CJEU in its SCHUFA I decision of 7 December 2023. Some specific considerations: – This decision is a “prima facie” one, i.e. not yet a full decision on the merits, to order the controller […]
Belgian Data Protection Authority moving towards more judicial approach? In a newly adopted law, the Belgian legislator makes various changes to BDPA, notably requiring the President of the Litigation Chamber to be “a magistrate” and increasing the Litigation Chamber’s power to adopt interim decisions. For over 4 years now, Hielke Hijmans has been in charge […]
The Belgian DPA’s newest decision – about a shared customer loyalty scheme allowing participating retailers to have up-to-date data regarding a customer, some of the data coming from national identity cards – is worth a read. [Skip pages 8-35 if not a Belgian data protection lawyer, though] Q1: (Joint) controllership? [paras. 215-232] The Belgian DPA […]