Tag: Belgium

Belgian DPA releases Direct Marketing Recommendation

4. March 2020

On February 10, 2020, Belgium’s Data Protection Authority (the Belgian DPA) has released their first recommendation of 2020 in relation to data processing activities for direct marketing purposes.

In the recommendation the Belgian DPA addressed issues and action proposals in regards to the handling of direct marketing and the personal data which is used in the process. It emphasized the importance of direct marketing subjects in the upcoming years, and stated that the DPA will have a special priority in regards to issues on the matter.

In particular, the recommendation elaborates on the following points, in order to help controllers navigate through the different processes:

  • The processing purposes must be specific and detailed. A simple mention of “marketing purposes” is not deemed sufficient in light of Art. 13 GDPR.
  • It is important to guarantee data minimization, as the profiling that accompanies direct marketing purposes calls for a careful handling of personal data.
  • The right to object does not only affect the direct marketing activities, but also the profiling which takes places through them. Furthermore, a simple “Unsubscribe” button at the end of a marketing E-Mail is not sufficient to withdraw consent, it is rather recommended to give the data subject the opportunity to a granular selection of which direct marketing activities they object to.
  • Consent cannot be given singularly for all channels of direct marketing. A declaration for each channel has to be obtained to ensure specification towards content and means used for direct marketing.

The Belgian DPA also stated that there are direct marketing activities which require special attention in the future, namely purchasing, renting and enriching personal data, e.g. via data brokers. In such cases, it is necessary to directly provide appropriate information to the data subject in regards to the handling of their data.

Further topics have been brought forth in the recommendation, which overall represents a thorough proposal on the handling of direct marketing activities for controller entities.

Belgian court ruled on “right-to-be-forgotten”

3. June 2016

The Belgian Court of Cassation confirmed the broad interpretation of the “right-to-be-forgotten” by a Belgian Court of Appeal.

The case was initiated by a person who fought against a Belgian newspaper because it did not comply with a request to remove an article from 1994 from its online archives regarding a car accident causing the death of two persons in which the individual was involved.

The Court of Appeal ruled that disclosing the name of the individum in the article was not in public interest and that is why it was damaging the reputation of the relevant individual. Therefore, it ordered the newspaper to anonymize the online version of the article.

However, the newspaper contested the Court of Appeal’s judgment and brought the case before the Belgian Court of Cassation.

The Court of Cassation decided that the publication of articles in newspapers’ online archives can be considered as a new disclosure of facts of an individual’s judicial past, which could potentially infringe the individual’s right-to-be-forgotten. Furthermore, the Court of Cassation confirmed that the online publication of the non-anonymized article years after the accident could have caused damages to the individual’s reputation. Therefore, the Court of Cassation decided that the right to privacy of the relevant individual could justify an interference with the newspaper’s right to freedom of expression and that in this case the newspaper has to remove all references to the individual from the article in its online archives.