- Enforcing jurisdiction
- Belgium · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
APD/GBA (Belgium) – Court Ruling (Belgium, 2021)
Privacy enforcement record
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A Belgian court overturned a fine against a company for sending unsolicited emails. This decision matters because it shows that penalties must be justified and proportionate, which can help protect businesses from unfair fines.
What happened
The court ruled against a fine imposed on a company for sending unsolicited emails.
Who was affected
The company that sent unsolicited emails was affected by the fine and subsequent appeal.
What the authority found
The Cour d'Appel Bruxelles found that the original fine lacked justification and proportionality under GDPR.
Why this matters
This case sets a precedent that fines must be fair and justified. Businesses should be aware of their rights when facing penalties and ensure compliance with regulations.
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Source checks
Linked-source text retrieved.
Automated check recorded — 18 March 2026.
Processing notes: 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
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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