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Liquor store – Court Ruling (Belgium, 2020)

Court Ruling
DPA CourtofAppealofBruss19 February 2020Belgium
final
Court Ruling

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A Belgian court ruled on a complaint against a liquor store for requiring a customer's ID to issue a loyalty card. The decision emphasizes the need for businesses to have a valid reason for collecting personal data.

What happened

The court annulled a decision by the data protection authority that found the liquor store had violated data protection laws.

Who was affected

The customer who was required to provide their ID to obtain a loyalty card was affected.

What the authority found

The court found that the data protection authority's decision lacked sufficient reasoning and that the store was not required to offer an alternative for obtaining the card.

Why this matters

This ruling highlights the importance of having a clear legal basis for data collection. It serves as a reminder for businesses to ensure compliance with data protection regulations.

Recorded legal citations
Automatically processed
Art. 5(1)(c) GDPR
Art. 6(1) GDPR
Art. 13(1)(c) GDPR
Art. 13(1)(e) GDPR
Art. 13(2)(a) GDPR
View original scraped data
Art. 5(1)(c) GDPR
Art. 6(1) GDPR
Art. 13(1)(c) GDPR
Art. 13(1)(e) GDPR
Art. 13(2)(a) GDPR

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

Decision AuthorityCourt of Appeal of Brussels

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Automated check recorded — 19 March 2026.

Processing notes: national law identified, authority corrected.

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Full Legal Summary
Detailed

In August 2018, the DPA received a complaint from a customer (the data subject) regarding a liquor store (the controller). According to the complaint, the store had required this person to let them scan their electronic ID in order to issue a customer card. After an investigation, the DPA concluded that the controller had breached the GDPR. More specifically, according to the DPA the controller: 1. Did not have a valid legal basis for processing. Consent was not freely given because no alternative was offered to the complainant, in violation of Article 6(1) GDPR; 2. Did not provide the complainant with enough information prior to the processing, in violation of Article 13 GDPR; 3. Processed more personal data than necessary, including national ID number, date of birth and gender, in violation of Article 5(1)(c) GDPR. The appeal against the DPA's decision was based on 9 points, among which was the claim that the DPA violated Article 52(1), Article 54(2) and Article 82(2) GDPR. Most importantly, the controller challenged two of the three findings of the DPA, which had led to the fine: the absence of a valid legal basis for personal data processing and the breach of the data minimization principle. They did not contest the lack of information. The Court annulled the DPA’s decision as it was insufficiently reasoned and based on a legislation that was not applicable at the time of the complaint. The Court did not have the power to order the DPA to pay back the fine, as that falls outside of its jurisdiction, but it did quash the decision imposing the fine. The Court held that, first, the DPA had no evidence to support the finding that the controller was actually processing the national ID number of the data subject. Second, the controller was not obliged to give the data subject an alternative way of creating a discount card because the relevant provision of the e-ID law was not applicable at the time. Thirdly, the Court found that no personal data processing took

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for Liquor store in BE

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

Details

Ruling Date

19 February 2020

Authority

DPA CourtofAppealofBruss

About this data

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

Cite as: Cookie Fines. Liquor store - Belgium (2020). Retrieved from cookiefines.eu

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