DPA case Decision 137-2022 – Complaint Upheld (Belgium, 2022)

Complaint Upheld
Autorité de Protection des Données26 September 2022Belgium
final
Complaint Upheld

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

A user requested to have their personal data deleted but received no response from the company. The Belgian DPA ruled that the company must comply with deletion requests and respond within a month, reinforcing the importance of timely communication.

What happened

A user exercised their right to be forgotten, but the company failed to respond.

Who was affected

The user who requested the deletion of their personal data from the company.

What the authority found

The DPA determined that the company violated GDPR by not responding to the deletion request and ordered them to delete the data within 30 days.

Why this matters

This ruling underscores the obligation of companies to respond promptly to user requests and the importance of adhering to GDPR timelines.

GDPR Articles Cited
Automatically processed
Art. 12(3) GDPR
Art. 12(4) GDPR
Art. 17(1) GDPR
Art. 58(2)(c) GDPR
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Art. 12(3) GDPR
Art. 12(4) GDPR
Art. 17(1) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
Art. 95 §1,5 WOG

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Automated check recorded — 18 October 2026.

Processing notes: articles corrected, national law identified.

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Full Legal Summary
Detailed

The data subject exercised its right to be forgotten on 19 June 2022, but the controller didn’t provide an answer. On 8 August 2022, the data subject filed a complaint at the Belgium DPA for the lack of an answer to the request. The DPA held that the data subject had exercised its right to be forgotten according to Article 17(1) GDPR and had done so in a way as described in the privacy policy of the controller. Since the controller did not provide an answer at all, the DPA held that it had violated Article 12(3) GDPR (the controller failed to answer within a month), Article 12(4) GDPR (The controller failed to provide a reason why it did not comply with the request) and Article 17(1) GDPR. The DPA held that the controller had to comply with the request of the data subject and ordered the controller to delete the personal data within 30 days, based on Article 58(2)(c) GDPR and Article 95 §1,5 WOG. The DPA also held that the controller had notify the DPA within 30 days about the result of this decision.

Outcome

Complaint Upheld

A data subject complaint that was upheld by the DPA.

Related Enforcement Actions (0)

No other enforcement actions found for DPA case Decision 137-2022 in BE

This is the only recorded action for this entity in this jurisdiction.

Details

Decision Date

26 September 2022

Authority

Autorité de Protection des Données

GDPRhub ID

gdprhub-5303

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. DPA case Decision 137-2022 - Belgium (2022). Retrieved from cookiefines.eu

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