Enforcing jurisdiction
Belgium · Geography does not establish applicable law.
Confirmed applicable legislation
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DPA case 02/2023 – Order (Belgium, 2023)

Order
Autorité de Protection des Données18 January 2023Belgium
final
Order

Privacy enforcement record

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A person in Belgium asked a company to delete his personal data but received no response. The DPA found that the company failed to acknowledge the request and even sent promotional emails afterward. This case highlights the importance of companies responding to data erasure requests promptly.

What happened

A data subject's request to erase his personal data was ignored by the company.

Who was affected

The individual who requested the deletion of his personal data from the company's records.

What the authority found

The DPA determined that the company violated regulations by not responding to the erasure request in a timely manner.

Why this matters

This case serves as a reminder for businesses to have clear processes for handling data erasure requests. Companies must respect users' rights to control their personal information.

Recorded legal citations
Automatically processed
Art. 12(3) GDPR
Art. 12(4) GDPR
Art. 17(1) GDPR
View original scraped data
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. 58 WOG
Art. 60 WOG
Art. 62 §1 WOG
Art. 95 §1, 5° WOG

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Automated check recorded — 18 October 2026.

Processing notes: national law identified.

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Full Legal Summary
Detailed

On 1 December 2022, the data subject requested the controller to erase his personal data under Article 17(1) GDPR. In order to do so, he followed the instructions provided in the controller's privacy policy. However, the controller did not acknowledge receipt, not even after the data subject sent a reminder on 19 December 2022. On the 28 December 2022, almost a month after the data subject had submitted his erasure request, the controller sent him a promotional e-mail. The data subject filed a complaint at the Belgian DPA on 3 January 2023 for the lack of a response by the controller. The DPA first confirmed that the data subject correctly exercised his right to erasure. The DPA held that the controller breached Articles 12(3) GDPR, 12(4) GDPR and 17(1) GDPR because it did not respond in time to the erasure request and even sent a promotional e-mail after the request had been submitted. The DPA ordered the controller to comply with the erasure request and ordered the controller to provide the DPA with an update within 30 days on which action it had taken.

Outcome

Order

A binding order requiring the controller to take specific action.

Related Enforcement Actions (0)

No other enforcement actions found for DPA case 02/2023 in BE

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

Details

Order Date

18 January 2023

Authority

Autorité de Protection des Données

GDPRhub ID

gdprhub-5616

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. DPA case 02/2023 - Belgium (2023). Retrieved from cookiefines.eu

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