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ARTICLE · 04 APRIL 2025

Three Months' Protection Indemnity For A Dismissed DPO

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In a recent judgment,[1] the French-speaking section of the Brussels Labour Court confirmed that a Data Protection Officer (DPO) may not be penalised or dismissed for reasons related to his/her function as a DPO.

BelgiumEmployment and HR
Esther Soetens
Esther Soetens
Amine Talbi
Amine Talbi
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In a recent judgment,1 the French-speaking section of the Brussels Labour Court confirmed that a Data Protection Officer (DPO) may not be penalised or dismissed for reasons related to his/her function as a DPO, based on Article 38, §3 of the GDPR. The court ruled that the employer had violated this provision as it had failed to prove that the employment contract's termination was not linked to the employee's DPO role.

Although neither the GDPR nor Belgian legislation provide for a specific protection indemnity for a DPO dismissed for reasons linked to his/her duties, the court decided to grant, as the employee had requested, an indemnity equal to 3 months' salary.

A DPO must be able to execute his/her role completely independently

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