Belgium

Overview

Stage of legislative progress 
Eg. pre-consultation, in consultation

The draft Belgian Data Protection Act aimed at implementing the GDPR was approved on 16 March 2018 by the Council of Ministers at its first reading. The draft has been submitted to the  Council of State for opinion, as well as to the Belgian Privacy Commission. The revised draft will be submitted to the Federal Parliament for adoption.

The Belgian Federal Parliament adopted the Act of 3 December 2017 establishing the Data Protection Authority as the successor of the existing Belgian Privacy Commission.


 

 

Approach to implementation 
Eg. amendments to existing law, total repeal of old laws

It is not yet certain which approach will be taken in the implementive legislation. It is however expected that this act will replace and repeal the Act of 8 December 1992 concerning the protection of privacy with regard to the processing of personal data (""BPA"").

The Act of 3 December 2017 establishing  the Data Protection Authority repeals the relevant chapters of the BPA related to the current Belgian Privacy Commission. 


 

 

Timescale for implementation 
Eg. pre-consultation, in consultation

In the event that the Federal Parliament does not adopt the draft Belgian Data Protection Act before the 21st of July (before the parliamentary recess), it will in most likelihood be adopted at the beginning of the parliamentary year in October 2018.  

 


Areas where Member States must have local laws:

Personal data and freedom of expression 

n/a

Penalties

n/a


 

Areas where Member States may have local laws:

Professional secrecy 

n/a

Scientific, historical or statistical purposes 

n/a

Employment

n/a

Personal data of deceased persons 

n/a

Children online 

n/a 

Special rules for special categories of data
n/a

Genetic, biometric or health data

n/a

Designation of a Data Protection Officer

n/a

National identification numbers/any other identifier of general application

n/a

 


 

Other:

Any other areas under discussion

Belgian Privacy Commission published DPO recommendations on 24 May 2017 and recommendations on records of processing activites on 14 June 2017.