GDPR Legislation in Belgium

Updated on Friday 13th July 2018

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The GDPR legislation has become effective in Belgium starting with the 25th of May and has brought a series of changes to the mandatory obligations for personal data processors in the EU.

Our team of lawyers in Belgium answers some of the most commonly asked questions about the General Data Protection Regulation and can assist you in the implementation of the new policies.

What is GDPR?

GDPR stands for General Data Protection Regulation and it is a unifying EU regulation on data protection and the privacy of individuals. It also concerns how personal data is exported outside of the EU and the EEA.

Why is GDPR needed?

The main reason the GDPR was implemented was to ensure that the citizens of the EU have better control over the manner in which their personal data is used, irrespective of the EU country in which they are based and in which the company that collects the data is based.

What are the main issues to consider in light of the new GDPR?

• How data is collected: both in online and in offline cases the client/user must provide an explicit consent for the collection of data; when the data is stored by default (like in case of contracts), the data collector is required to clearly specify which information is collected and the purpose for this.
• How data is stored: data collectors and processors need to have adequate systems in place that guarantee the safe storage of information.
• How the data is handled: large companies will need to have a Data Protection Officer who will supervise the correct implementation of the new regulations.
• How the data is transferred: companies will need to observe the GDPR rules for the transfer of data to other legal entities outside the EU, when applicable.

Our team of lawyers in Belgium can answer any detailed questions about these principles and the processing of personal data in general.

What is personal data?

Personal data is all and any information that relates to an individual/natural person who can be identified directly or indirectly.

What is sensitive personal data?

Sensitive personal data refers to race, political and religious beliefs, mental and physical health, sexual preferences, criminal offenses and others.

What companies need to comply?

All types of companies in Belgium that collect, store and process personal data need to comply with the GDPR.

What are the risks of noncompliance?

The fines for noncompliance with the GDPR are determined according to the type of infringement, the type of data impacted, the manner in which this breach was notified and other criteria. The fine is between 2% and 4% of the worldwide annual revenue of the company.

The scope of the GDPR is the adequate protection of the data rights of individuals. The experts at our law firm in Belgium can help you comply with these regulations. Contact us for more information about the legal services we provide.