DPA case 101/2024 – Complaint Upheld (Belgium, 2024)

Complaint Upheld
Autorité de Protection des Données25 July 2024Belgium
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 Belgian company received a complaint after it failed to respond to employees' requests for information about unsolicited advertising emails. The data protection authority upheld the complaint, stating the company violated privacy laws by not addressing the requests. This ruling highlights the need for companies to be responsive to privacy inquiries.

What happened

A company was found to have violated privacy laws by not responding to access requests from its employees regarding unsolicited emails.

Who was affected

Employees of the company who received unsolicited advertising emails.

What the authority found

The authority ruled that the company did not properly respond to requests for information under privacy laws.

Why this matters

This case serves as a reminder for companies to be diligent in responding to privacy inquiries and to ensure compliance with data protection regulations.

GDPR Articles Cited
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Art. 15 GDPR
Art. 12(3) GDPR
Art. 12(4) GDPR
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Art. 12(3) GDPR
Art. 12(4) GDPR
Art. 15(GDPR)

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National Law Articles
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Art. 95 Loi du 3 décembre 2017

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Full Legal Summary
Detailed

Employees of company A, including a DPO, received an advertising e-mail. The e-mail was sent to the professional e-mail address, promoting an auction organised by the company B (data controller). Later on, the employees received other unsolicited, advertising e-mails. The DPO, acting on behalf of the company’s A employees and themselves, exercised the right of access under Article 15 GDPR, asking for explanation how the controller got access to the list of employees’ e-mail addresses. The controller did not respond to the request. Hence, the DPO lodged a complaint with the Belgian DPA (APD/BGA) on behalf one of the employees and themselves. The DPA upheld the complaint. The DPA held the controller violated Article 12 GDPR because it did not react to the request made under Article 15 GDPR in a proper manner. Also, the DPA emphasised that Article 15 GDPR had to be treated as a "gateway" allowing the data subject to exercise other rights conferred on them by the GDPR. Consequently, the DPA found the violation of Article 12(3) GDPR, Article 12(4) GDPR and Article 15 GDPR. The DPA issued a prima facie decision under [https://etaamb.openjustice.be/fr/loi-du-03-decembre-2017_n2017031916.html Article 95 of Act establishing the Data Protection Authority] (Loi du 3 décembre 2017 portant création de l'Autorité de protection des données), ordering the controller to comply with the data subjects request within 30 days.

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 101/2024 in BE

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

Details

Decision Date

25 July 2024

Authority

Autorité de Protection des Données

GDPRhub ID

gdprhub-8221

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Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. DPA case 101/2024 - Belgium (2024). Retrieved from cookiefines.eu

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