The Belgian Data Protection Authority (DPA), responsible for enforcing the GDPR in Belgium, is becoming increasingly active and does not hesitate to make full use of its sanctioning powers.
The Starting Point
A company or organization can quickly become involved in proceedings before the DPA, following the filing of a complaint. This procedure is easily accessible and entirely free of charge.
Such a complaint may originate, for example, from a dissatisfied former employee, a client or prospect who believes they are receiving an excessive number of promotional communications, or more generally from any individual who considers that the processing of their personal data does not comply with the requirements of the GDPR.
In addition, the DPA has the authority to initiate proceedings on its own initiative when it identifies indications of a potential infringement, notably following publicly available information, such as a press article describing the data processing activities implemented by a company.
Significant Consequences for the Organization Concerned
In this context, the risks for organizations are far from negligible.
The DPA has a broad range of sanctions at its disposal, including:
- a warning,
- a reprimand,
- orders to bring processing operations into compliance, requiring the data controller or processor to adapt its practices within a specified timeframe,
- orders to comply with data subjects’ rights, for example by responding to requests for access, erasure, or objection,
- the temporary or definitive restriction of processing operations, or their complete prohibition,
- the suspension of data flows, in particular to recipients located outside the European Union,
- the imposition of administrative fines of up to EUR 20 million or 4% of the company’s total worldwide annual turnover, whichever is higher,
- the publication of the decision, which may result in significant reputational damage for the organization concerned.
Beyond the sanction itself, proceedings before the DPA require substantial organizational resources. Responding to successive requests from the Inspection Service and defending the case before the Litigation Chamber is time-consuming, requires the involvement of specialized legal counsel, and entails significant financial costs.
These challenges are compounded by the often considerable efforts required to achieve (or restore) GDPR compliance, not to mention the reputational risks, which may have a lasting impact on the trust of clients, partners, and employees.
Conclusion
Compliance with the GDPR is not only a legal obligation but also a risk management tool, as it significantly reduces the likelihood of regulatory proceedings before the DPA.
GDPR compliance also represents a genuine competitive advantage, strengthening customer trust while improving data security, thereby directly benefiting the company’s performance and reputation.
Our advice:
In light of these issues and risks, it is essential for organizations to pay close attention to their GDPR compliance and to adopt a proactive approach.
Do not hesitate to contact our team for assistance with data protection compliance, as well as for support and legal representation in the event of proceedings before the Belgian Data Protection Authority.
