Enforcing jurisdiction
Belgium · Geography does not establish applicable law.
Confirmed applicable legislation
Privacy topics

GBA – Court Ruling (Belgium, 2020)

Court Ruling
Autorité de Protection des Données2 September 2020Belgium
final
Court Ruling

Privacy enforcement record

This record is classified outside cookie consent. Subject classification does not confirm an applicable law. It is not included in cookie statistics or the Risk Calculator.

A Belgian court ruled on a complaint against an accounting office for sharing personal data without consent. The court found that the complaint did not have enough social impact to warrant further investigation. This decision highlights the discretion of authorities in handling complaints about data privacy.

What happened

The applicant's personal data was shared by an accounting office with her former business partner without her consent.

Who was affected

The applicant, a former notary, whose personal data was shared without her permission.

What the authority found

The court decided that the Data Protection Authority could dismiss complaints based on policy considerations and did not have to investigate every complaint fully.

Why this matters

This ruling shows that authorities have the power to prioritize cases based on their resources and the social impact of complaints. Small business owners should be aware that not all complaints will lead to investigations.

Recorded legal citations
Automatically processed
View original scraped data
Art. 57(1)(f) GDPR
Art. 77(2) GDPR

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

National Law Articles
AI-identified
Article 95, §1, 3° WOG
Decision AuthorityHof van beroep Brussel
Reviewed AuthorityAPD/GBA (Belgium)

Source checks

Linked-source text retrieved.

Automated check recorded — 19 March 2026.

Processing notes: articles corrected, national law identified, authority corrected.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

After ceasing her notary activity, the applicant engaged in a liquidation dispute with her former business partner and their accounting office. This dispute arose as the accounting office (1) failed to fulfill several ethical obligations and (2) transferred files containing personal data about the applicant to the former partner (without the applicant’s consent). The Litigation Chamber of the Data Protection Authority declared the applicant’s complaint admissible, but dismissed it for the following opportunity reasons: * the complaint did not contain any grievances that a have a “broad social impact”; * another complaint was pending with the competent authority with regard to the ethical and professional mistakes ; * taking into account the resources available, the DPA should make choices regarding the type of files it will follow up on grants. The applicant subsequently appealed to the Market Court of the Brussels Court of Appeal against the aforementioned dismissal decision of the DPA. Should Article 57.1, f) GDPR be read as such that supervisory authorities may not dismiss complaints but should instead review the full substance of the allegations in each complaint? In other words, does the data subjects' right to lodge a complaint under Article 77 GDPR equals the right to claim a full substantive investigation and a full substantive assessment by the supervisory authority? Article 57 GDPR provides that the supervisory authority must "examine the content of the complaint" only "to the extent that is appropriate". There is therefore no absolute obligation but a discretionary power for the supervisory authority to make a full substantive investigation and a full substantive assessment of the complaint. If the supervisory authority considers that a treatment of the case on substantive merits is not appropriate (due to policy considerations, for example), it is authorized to dismiss the complaint. The option to dismiss is indeed one of the consequences that can

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for GBA in BE

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

Details

Ruling Date

2 September 2020

Authority

Autorité de Protection des Données

About this data

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

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

Report Inaccuracy

Last updated: