News & Analysis as of

Data Protection Authority Belgium

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

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

Orrick, Herrington & Sutcliffe LLP

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

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

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

Dechert LLP

Belgian DPA Fines IAB: Rough Waters Ahead for Ad Industry

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On February 2, 2022, the Belgian Data Protection Authority (“DPA”) issued a decision finding that the Interactive Advertising Bureau ("IAB”) Europe’s Transparency and Consent Framework (“TCF”) violates key provisions of the...more

Alston & Bird

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

Alston & Bird on

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...

Alston & Bird on

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

Hogan Lovells

Belgian Data Protection Authority publishes guidance concerning Schrems II

Hogan Lovells on

The Belgian Data Protection Authority (DPA) has published brief guidance concerning the European Court of Justice (ECJ) judgement on the European Commission’s adequacy decision provided by the EU-US data Privacy Shield...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

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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

Fox Rothschild LLP

Belgian Data Protection Authority Releases Enforcement Priorities

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The Belgian data protection authority has published for public consultation its priorities for 2019-2025....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

Dechert LLP

Third-Party Data Collection and Consent in Mobile Applications

Dechert LLP on

Recent legislative hearings in the United States and Europe have focused on the means by which large third-party data collectors track individuals via websites. Regulators have paid comparatively little attention to the...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

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

Jones Day

Global Privacy & Cybersecurity Update Vol. 13

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On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

K&L Gates LLP

Brussels Regulatory Brief: April

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Antitrust and competition - A welcome limitation on the investigatory powers of the Commission when requesting information from companies - On 10 March 2016, the Court of Justice of the European Union (“CJEU”) set aside...more

Foley Hoag LLP - Security, Privacy and the...

Guidance on EU-US Data Flow Delayed by New Terrorist Threats in Brussels

On November 25, 2015, the Article 29 Working Party (the advisory body on data protection and privacy composed of representatives from the national data protection authorities of all EU Member States) was to meet in Brussels...more

McGuireWoods LLP

Facebook Sentenced to a Daily Fine of 250,000 Euros by a Belgian Court

McGuireWoods LLP on

Once again, Facebook is in the spotlight. On November 9, following the Recommendation 04/2015 of May 13, 2015, issued by the Belgian Data Protection Authority (Belgian DPA) that we mentioned in a previous blog post, a Belgian...more

McGuireWoods LLP

Belgian Data Protection Authority Sues Facebook Over Privacy Breaches

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As already stated in a previous blog post, on May 13, 2015, the Belgian Data Protection Authority issued a recommendation in which it expressed its concern about Facebook tracking users, non-users and logged-out users without...more

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