SA Rossel et Cie – Court Ruling (Belgium, 2023)

Court Ruling
Autorité de Protection des Données22 February 2023Belgium
final
Court Ruling

The Belgian Market Court overturned a €50,000 fine against SA Rossel et Cie due to procedural errors by the Belgian Data Protection Authority. The court found that the investigation into the company's cookie practices was improperly initiated, making the fine invalid. This case highlights the importance of following proper procedures when investigating privacy violations.

What happened

The Belgian Market Court overturned a fine against SA Rossel et Cie due to procedural errors in the investigation of their cookie practices.

Who was affected

Visitors to SA Rossel et Cie's websites, whose data was collected via cookies without proper consent.

What the authority found

The court ruled that the Belgian Data Protection Authority's investigation was improperly initiated, invalidating the fine against SA Rossel et Cie.

Why this matters

This ruling emphasizes the need for authorities to adhere to strict procedural rules when conducting privacy investigations. Website operators should ensure their data practices comply with privacy laws to avoid similar scrutiny.

GDPR Articles Cited

Art. 13 GDPR
Art. 14 GDPR
Art. 6(1)(a) GDPR
Art. 7(1) GDPR
Art. 7(3) GDPR
Art. 12(1) GDPR
Art. 4(11) GDPR

National Law Articles

Article 63(1) LCA
Decision AuthorityHof van Beroep
Reviewed AuthorityAPD/GBA (Belgium)
Full Legal Summary
Detailed

The case focused on procedural issues regarding the initiation of an investigation by the Belgian DPA, unrelated to cookies or consent mechanisms.

Outcome

Court Ruling

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

Violations (1)

Cookies Placed Before Consent
critical

Non-essential cookies (tracking, advertising) are placed on the user's device before obtaining valid consent.

Art. 6(1) GDPR

Related Cases (0)

No other cases found for SA Rossel et Cie in BE

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

Details

Ruling Date

22 February 2023

Authority

Autorité de Protection des Données

About this data

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

Cite as: Cookie Fines. SA Rossel et Cie - Belgium (2023). Retrieved from cookiefines.eu

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