RTBF – Dismissed (Belgium, 2022)

The data subject filed a complaint at the Belgian DPA on July 2018. The data subject stated that a press organisation's (controller) processing was unlawful because of a lack of consent for processing, which entailed cookies on the controller's website. The investigation service of the DPA started an investigation into the controller. The investigation service found that the controller placed (third party) cookies on the data subject's device before the data subject had given consent. If the data subject wished to refuse these third party cookies, the data subject had to use an opt-out mechanism on a third party website. Also, non-essential cookies were already placed on the data subject’s device at the launch of the homepage, without consent from the data subject. These cookies included targeted advertising and social network cookies. However, in decision 168/2022, the DPA had agreed to a settlement with the same controller pursuant of Article 100(1)(4) WOG. This settlement included potential infringements of the Act of 13 June 2005, as well as potential infringements of the GDPR with regard to cookies and, more generally, the storage and consent to the placement and further processing of information on the data subject's device. The settlement covered possible violations in the period between 25 May 2018 to 20 November 2020. The DPA determined that the settlement decision (168/2022) was addressed to the same controller as the controller of the present decision. The DPA also found that the settlement in decision 168/2022 covered subject matter raised by the data subject in this complaint. Also, the complaint of the data subject fell within the same period covered by the settlement (25 May 2018 until 11 November 2020). Therefore, the DPA determined that it could not take action regarding the complaint of the data subject. The DPA closed the procedure pursuant of Article 100(1)(1) WOG (Law establishing the DPA).