Court case 2021/AR/205 – Court Ruling (Belgium, 2021)
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.
The Belgian Court of Appeal ruled that a music company could keep control of a musician's Facebook fan page even after their management agreement ended. The court found that the company had a legitimate interest in managing the page because of its rights to market the artist's music. This decision highlights the importance of understanding the legal grounds for managing online content.
What happened
A music company retained control of a musician's Facebook fan page after their management agreement ended.
Who was affected
The musician whose Facebook fan page was managed by the music company.
What the authority found
The court ruled that the music company had a legitimate interest in managing the fan page due to its rights to market the artist's music.
Why this matters
This case shows that companies may retain control over online content if they have a legitimate interest, even after a contract ends. Businesses should ensure they understand their rights and obligations when managing digital assets.
GDPR Articles Cited
National Law Articles
After a contractual relationship with the music company who owned the Facebook fanpage of the musician (including their full name), the latter wanted to get back control of this page. The DPA issued an order to transfer the page (APD/GBA - 14/2020) on the basis of data portability, but this order was annulled by the Court of Appeal. The litigation chamber of the DPA then issued a second decision (APD/GBA - 02/2021) which imposed a fine of €10,000 on the music company for not transferring the fanpage of the musician to them, after they had exercised their right to data portability and right to object. The DPA imposed this second decision based on the lack of consent from the artist to use its name and the termination of the management agreement. The defendant has now appealed this decision. According to the defendant, the DPA was incorrect to find that the lawfulness of the processing of the complainant's personal data under Article 6(1)(b) stopped on 3 November 2019, when the management agreement between the artist and the defendant was terminated. The defendant argues that the termination of the management agreement has no effects on its rights to manage the Facebook page. Its right to maintain the Facebook page was not based on the management agreement. Instead, the intellectual property rights to the musical works of the artist are relevant. As the exclusive licensee of certain musical works of the artist, the defendant is entitled to use the name and image of the performing artist of these musical works for the purpose of marketing and commercialisation of the music. These rights derive from various agreements between the company and claimant (not including the management agreement) which also involve a third party music producer. The Court of Appeal annulled the DPA's decision. It held that, despite the termination of the management agreement, the music company still had a legitimate interest to manage the fanpage. This is because, according to an artist
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case 2021/AR/205 in BE
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case 2021/AR/205 - Belgium (2021). Retrieved from cookiefines.eu
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