Category: Belgium

How to be prepared for the GPDR in 13 Steps

26. September 2016

Last week, the Belgian Data Protection Authority “Privacy Commission”, published Guidelines containing 13 Steps that will help organizations in order to prepare for the EU General Data Protection Regulation. The Guidelines were published in French and in Dutch.

The Belgian Data Protection Authority recommended to follow the steps shown below in order to be compliant with the GDPR:

  • Awareness: Instruct the relevant persons about the upcoming changes.
  • Internal Records: Document the stored data, where it came from and to whom it is transfered.
  • Privacy Notice: Review and update the Privacy Notice.
  • Individuals’ Rights: Check existing procedures in order to comply with individuals’ rights.
  • Access Requests: Review current procedures about access requests. Consider how these requests will be handled in accordance with the new GDPR time limits.
  • Legal Basis: Document all data processing procedures. Demonstrate the respective legal basis for each data processing procedure.
  • Consent: Review how consent is collected and recorded.
  • Children’s Personal Data: Plan procedures in order to verify the ages of individuals. Determine how to gather parental or legal guardian consent for processing procedures that involve children’s data.
  • Data Breach: Guarantee that procedures are implemented on how to handle data breaches.
  • Data Protection by Design and Data Protection Impact Assessments: Check these concepts. Consider how to implement them.
  • Data Protection Officer: Appoint and review the Data Protection Officer.
  • International: Check which Data Protection Authority will be responsible for you.
  • Existing Contracts: Review the current contracts.

Request for European Commission to investigate “Pokemon Go”

25. August 2016

A Belgian Minister of European Parliament wants that the European Commission investigates the App “Pokemon Go” in order to determine whether the App is compliant with European data protection law and furthermore, to warn European citizens of the dangers caused by the App.

Therefore, the respective Minister of European Parliament, Marc Tarabella, commented that the App violates not only the General Data Protection Regulation but furthermore, that it might violate the Europeans E-Privacy Directive due to the fact that the App stores cookies and trackers on users’ smartphones. He added  “In their eyes, tracking personal data of people is clearly considered a game and a source of research or revenue” and concluded “In Europe, the protection of privacy remains a fundamental right. We have to react, warn and strongly condemn these massive scams.”

Belgian DPA against Facebook for tracking of non-users

30. June 2016

The Belgian DPA sued Facebook about a year ago for tracking the online activities of non-users who visit the Facebook´s sites in Belgium without their consent.

In the first instance, the Court ruled that Facebook should stop tracking non-users without their consent or to face a fine of 250,000 euros per day. Facebook appealed this sentence to the Brussels Court of Appeal. The Court of Appeal has now stated that the Belgian DPA has no jurisdiction over Facebook Inc. The Belgian DPA will appeal to the Court of Cassation, which cannot deliver new sentences but throw out previous judgements.

In the meanwhile, Facebook has confirmed that it will not track non-users without their consent when they visit Facebook sites or click the “like” button.

Moreover, Facebook stated that only the Irish DPA has jurisdiction regarding data protection issues that involve Facebook´s use of EU citizens’ personal data, as this is where the European Headquarters are located.

After the decision of the Court of Appeal, the Belgian DPA said that the decision “simply and purely means that the Belgian citizen cannot obtain the protection of his private life through the courts and tribunals when it concerns foreign actors”.