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Tag Archives for " Belgium "

Brussels Court of Appeal overrules first DPA fine to a private company

On Feb. 19, the Brussels Court of Appeal overruled one of the first decisions of the Belgian Data Protection Authority in a case involving the use of an electronic ID to get a loyalty card.

The Brussels Court of Appeal held that the customer did not give her identity card and, consequently, there was no processing of her data. Therefore, according to the court, the DPA did not demonstrate an actual personal data breach.

The court still underlined there was no prejudice for a customer because they could not get a loyalty card and therefore get a discount. There is no prejudice when one possible extra benefit is lost. It would have been different if the reading of the electronic ID was required to exercise a legal or contractual right.

Source: Brussels Court of Appeal overrules first DPA fine to a private company

The Belgian DPA Publishes Recommendation on Direct Marketing

The Belgian Data Protection Authority (DPA) published Recommendation  providing Guidance on direct marketing.

The Recommendation provides a methodology on how to comply with the General Data Protection Regulation (GDPR) when conducting direct marketing. The Recommendation applies to all kinds of promotions, including sales and advertising, and is not limited to promotions of a commercial nature.

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

Belgian Data Protection Authority Releases Direct Marketing Recommendation

On February 10, 2020, the Belgian Data Protection Authority  published its Recommendation on data processing activities for direct marketing purposes.

With this Recommendation, the Belgian DPA aims to clarify the complex rules relating to the processing of personal data for direct marketing purposes, including by providing practical examples and guidelines to the different stakeholders involved in direct marketing activities.

Read full article: Belgian Data Protection Authority Releases Direct Marketing Recommendation

Belgian Supervisory Authority Imposes Cookie Fine

On December 17, 2019, the Belgian Supervisory Authority imposed a fine of €15,000 on an company operating a legal information website with approximately 35,000 unique monthly visitors for violations regarding use of cookies.

According to supervisory authority, company provided insufficient information about the cookies deployed on the website. Moreover, the cookie policy was only available in English, whereas the website targeted Dutch and French-speaking readers.

Further, the website did not obtain opt-in consent for certain types of cookies used, including first-party analytics cookies, and where consent was obtained, it was not sufficiently granular. Also, there was no easy way for users to withdraw consent.

Source: Belgian Supervisory Authority Imposes Cookie Fine

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

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 fined €10,000.

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

Belgian Data Protection Authority issues its first fine

On Tuesday 28 May 2019, the Belgian Data Protection Authority (DPA) imposed its first financial penalty since the entry into application of the GDPR.

The administrative fine amounts to EUR 2 000 and concerns the misuse of personal data for election purposes. Although the fine is modest, the message is not: Data protection is an important matter to us all, but data controllers must assume their responsibility, especially if they have a government mandate.

Read more: Belgium: Belgian Data Protection Authority issues its first fine

Brussels Court of Appeal refers Facebook case to CJEU

Belgian Data Protection Authority (DPA) announced, on 8 May 2019, that the Brussels Court of Appeal issued its judgment in relation to the DPA’s proceedings against Facebook, Inc., following the pleading of the parties to the Court on 27 and 28 March 2019.

DPA highlighted that the Court did not rule on the merits of the case and decided to refer it to the Court of Justice of the European Union (CJEU) to be assessed in line with the General Data Protection Regulation (GDPR) seeking to ensure that the DPA can pursue the case against Facebook.

Source: Belgium: Brussels Court of Appeal refers Facebook case to CJEU

Belgian Data Protection Authority Releases 2018 Annual Activity Report

On April 25, 2019, the Belgian Data Protection Authority (the “Belgian DPA”) published its Annual Activity Report for 2018 (the “Annual Report”), highlighting the main developments and accomplishments of the past year. New Authority On May 25, 2018, the Belgian Privacy Commission became the Belgian DPA.

Full article: Belgian Data Protection Authority Releases 2018 Annual Activity Report

Belgium regulator fights Facebook over user tracking

A court in Belgium has instructed Facebook to put a halt to tracking users without obtaining the proper consents.

The social network has also been told to erase all information it has gathered on individuals who do not have Facebook accounts, after the Brussels Court of First Instance deemed that the company had harvested data illegally.

Source: Belgium regulator fights Facebook over user tracking

Facebook to Fight Belgian Ban on Tracking

Facebook is attacking a Belgian court order forcing it to stop tracking local users’ surfing habits, including those of millions who aren’t signed up to the social network.

The U.S. tech giant will come face to face with the Belgian data protection authority in a Brussels appeals court for a two-day hearing starting on Wednesday. The company will challenge the 2018 court order and the threat of a daily fine of 250,000 euros ($281,625) should it fail to comply.

Source: Facebook Attack of Belgian Case on Web Tracking Gets Hearing – Bloomberg

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