Belgium Sets up New Data Protection Authority Before Launch of GDPR

The EU’s General Data Protection Regulation (GDPR) will become law on May 25, 2018. EU Member Countries are in the course of applying laws that will get their own data safety rules and regulations according to the latest data secrecy law.

Belgium started this procedure promptly, passing a law on December 3, 2017, targeted at implementing the GDPR ethos concerning freedoms and rights for the person. The rule, which was circulated in the Belgian Official Gazette on 10th January 2018, comes into effect at the same time as GDPR, with the only exclusion to this being the nomination of the participants of the Knowledge Centre, the Executive Committee, and the Disputes Resolution Organization who have already been nominated.

Establishing a Data Protection Authority (DPA)

Among the key necessities of GDPR is that each European Union Member Country should establish at least one Data Protection Authority (DPA), to administer the enforcement and implementation of the GDPR in that state. In Belgium, this implies that the new organization substitutes the existing Commission for the Protection of Privacy (CPP).

Belgium might not be thought as one of the most influential European Union member countries, however, it has always had a standing for being strict in the field of data safety. This has resulted in the country prosecuting social media providers earlier.

Belgium and Facebook

A continuing dispute between Belgium and social media mogul Facebook started back in 2015. The CPP brought Facebook to court for its tracing of Belgian citizens without categorical approval. The courts directed Facebook to halt the procedure of using cookies to collect information concerning visitors to the site. It warned the US company with penalties. Facebook petitioned the decision and it was reversed. In February 2018, the Belgian courts directed Facebook to stop tracing Belgian inhabitants on third party websites. The social media firm has been warned with penalties of up to €100m if it doesn’t abide by this order.

This is only one instance that shows how Belgium has always considered the safety of private data as a priority. Today, as is the case with all other European Union countries, Belgium is making certain that it has the rules in place to make sure that organizations and companies abide by GDPR rules, and action is taken if this isn’t done. The launch of GDPR is envisioned to bring better uniformity concerning the way that data safety is managed throughout the European Union.

But, even though all European Union Member countries should abide by GDPR conditions, countries such as Belgium also have the liberty to implement extra rules concerning problems like national defense.

Separate DPAs also have the privilege to determine what penalties must be enforced for non- conformity, including the level of any penalties. This might be expensive for firms like Facebook because the maximum level of penalty that can be applied is 4% of annual transaction or €20m, whichever is more.