DPA case 158/2025 – Complaint Upheld (Belgium, 2025)

Complaint Upheld
Autorité de Protection des Données7 October 2025Belgium
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.

Belgium's data protection authority upheld a complaint against a company for failing to deactivate a former employee's email and phone number. This is important because it shows that companies must respect privacy rights even after employment ends.

What happened

The authority found that the company continued to process personal data of a former employee without a valid reason.

Who was affected

The former managing director whose personal data was still accessible after leaving the company.

What the authority found

The authority ruled that the company violated multiple GDPR provisions by not deactivating the former employee's accounts.

Why this matters

This ruling emphasizes the importance of timely data deletion and compliance with privacy rights after employment ends.

GDPR Articles Cited
Automatically processed
Art. 12 GDPR
Art. 13 GDPR
Art. 17 GDPR
Art. 5(1)(a) GDPR
Art. 5(1)(b) GDPR
Art. 5(1)(c) GDPR
Art. 5(1)(e) GDPR
Art. 6(1) GDPR
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Art. 5(1)(b) GDPR
Art. 5(1)(e) GDPR
Art. 5(2) GDPR
Art. 12(GDPR)
Art. 13(GDPR)
Art. 17(GDPR)

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Full Legal Summary
Detailed

The data subject, formerly the managing director of the controller’s company, left their position, but the controller failed to deactivate their professional email account and company mobile number. The data subject later complained to the Belgian Data Protection Authority (GBA/APD), claiming that personal communications linked to these accounts remained accessible. The controller argued that the phone number was company property and that the email account was due to be closed. The Litigation Chamber admitted the complaint. The GBA/APD found that the controller violated multiple GDPR provisions by failing to deactivate the data subject’s professional email account and company phone number after the termination of employment. Continuing to process these data without an automatic response, prior notice, or consent breached the purpose limitation principle under Article 5(1)(b) GDPR, as the data were no longer used for the professional purposes for which they were collected. The prolonged retention also violated data minimisation and storage limitation under Articles 5(1)(c) and 5(1)(e) GDPR, as retaining the data far exceeded what was necessary. The controller also failed to inform the data subject, contrary to Articles 12 and 13 GDPR, while ignoring his request to delete the data contained in his phone thus violating their right to erasure in Article 17 GDPR. Finally, there was no lawful basis for continuing to process the email account or phone number after employment ended, because the contractual purpose ended with the employment and no alternative legal ground, such as consent or legitimate interest, was established, thus violating Articles 5(1)(a) and 6(1) GDPR. Considering the controller’s cooperation and that the company was in liquidation, the GBA/APD issued a reprimand rather than a fine.

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 158/2025 in BE

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

Details

Decision Date

7 October 2025

Authority

Autorité de Protection des Données

GDPRhub ID

gdprhub-9548

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 158/2025 - Belgium (2025). Retrieved from cookiefines.eu

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