DPA case 109/2024 – Complaint Upheld (Belgium, 2024)
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 failed to get proper consent from a person when processing their health data for a mortgage offer. The data subject felt pressured to agree due to a discount on their interest rate. This case highlights the importance of obtaining clear and voluntary consent from users.
What happened
A company required a person to consent to health data processing to qualify for a mortgage interest rate discount.
Who was affected
The person applying for a mortgage who had to consent to health data processing.
What the authority found
The Belgian DPA found that the company did not obtain valid consent, as it was not freely given.
Why this matters
This case emphasizes that companies must ensure consent is truly voluntary and not tied to negative consequences. Businesses should review their consent practices to avoid similar issues.
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Automated check recorded — 18 October 2026.
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A data subject received a mortgage offer from a company. The data subject was also offered a discount on the interest rate for the mortgage. However, in order to qualify for the discount, the data subject had to take out a debt balance insurance offered by a broker (the controller). For taking out the insurance, the data subject had to give consent for the processing of their health data. According to the data subject, the consent covered not only the handling of the insurance contract, but also other purposes, for example, claims processing, fraud prevention, development of pricing and automated decision making. The data subject asked the controller to rephrase the consent, so that it was more specific. However, the controller did not agree. Since the data subject did not want to lose the discount on the interest rate, they eventually gave the consent for processing their health data. Afterwards, the data subject sent the controller an email in which they: * withdrew the consent regarding the processing of health data and automated decision making; * requested restriction of data processing until the legal basis of processing was clarified; * requested correction of signed documents. The controller answered the requests and provided the data subject with a copy of their data. The data subject filed a complaint with the Belgian DPA (APD/GBA). The DPA upheld the complaint. First, the DPA found the controller failed to obtain valid consent for data processing. Indeed, the consent given by the data subject was not freely given. This was because the data subject would have faced negative consequences if they had not given the consent. Thus, the controller violated Article 4(11), 7(1), 7(3) and 9(2)(a) GDPR. Even though the controller violated the GDPR, the DPA decided not to take any corrective measures. The DPA held that the controller was not culpable because the Belgian legislator failed to implement Article 9(2) GDPR insofar it would provide a specific
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 109/2024 in BE
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. DPA case 109/2024 - Belgium (2024). Retrieved from cookiefines.eu
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