APD/GBA (Belgium) – 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.
A Belgian court overturned a €5,000 fine imposed on a company for sending unwanted emails and sharing email addresses. The court found the fine was not properly justified and ordered the DPA to pay legal costs. This case shows that fines must be well-reasoned and proportional.
What happened
The Belgian court overturned a €5,000 fine for sending unsolicited emails and sharing email addresses.
Who was affected
Recipients of unsolicited electoral emails whose email addresses were shared without consent.
What the authority found
The court found the fine lacked proper justification and proportionality, requiring the DPA to pay legal costs.
Why this matters
This ruling emphasizes the need for data protection authorities to provide clear and proportional justifications for fines. It highlights the importance of fair enforcement practices, ensuring that penalties are appropriate and well-supported.
GDPR Articles Cited
On 1 September 2020, the Belgium DPA imposed a fine of €5,000 on a controller for sending unsolicited emails for electoral message and disclosure of emails (via CC). The controller did not agree with the fine and filed for appeal. Proportionality of the administrative fee The Court of Appeal overruled the DPA's decision for lack of justification as required by Article 83 GDPR, and lack of proportionality. The decision was sent back to the authority who is additionally required to pay back legal cost for €1,400, since the Court could not itself reform, or amend the decision.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for APD/GBA (Belgium) in BE
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. APD/GBA (Belgium) - Belgium (2021). Retrieved from cookiefines.eu
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