Belgium Published Draft GDPR Application Law

June 23, 2018


Belgium’s Parliament published a draft rule on June 12 that targets to get the country’s data safety law according to the European Union’s General Data Safety Law, which turned into enforceable on May 25th.

The draft law contained 280 Articles and has three key aims.

First of all, it targets to make facility for so-called “open clauses” of the General Data Protection Regulation. In other words, those sections in the Law where EU Member States are free to devise their own law and add additional and complementary laws to the GDPR law.

Next it targets to apply into Belgian rule the facilities of the “Police Directive” (“Directive 2016/680 on the safety of natural people with regard to handling of private data by capable authorities for the purposes of the investigation, avoidance, finding or trial of illegal offences or the implementation of illegal penalties, and on the free movement of such data, and cancelling Council Framework Decision 2008/977/JHA”).

Lastly, it will provide for different waivers and laws in relation to competent organizations and handling of private data which don’t come under the authority of the European Union. This might contain any data kept by intelligence and security facilities.

As GDPR is already enforceable on an EU-wide level it is expected that the law will be ratified by the Belgian Parliament swiftly.

Even though Belgium isn’t considered as an influencer on EU law it is not uncommon to see the EU Member States deeply involved in changes in EU law, including in the safety of secrecy. Last February law was enacted to set up the Data Protection Authority, which substitutes the Privacy Commission as the official data safety organization in Belgium. The Secrecy Commission was an active data protection organization and was among many authorities throughout the EU which has prosecuted social media providers.