ARTICLE · 10 APRIL 2013

Data Protection Laws of the World Handbook: Second Edition - Belgium

DLA Piper Australia

Explore more from DLA Piper Australia

Belgium, as part of the EU, implemented the EU Directive 95/46/EC with the Data Protection Act dated 8 December 1992.

BelgiumPrivacy

Jennifer M. Kashatus

Richard Van Schaik

Carol A.F. Umhoefer

+1 more

LAW

Belgium implemented the EU Data Protection Directive 95/46/EC with the Data Protection Act dated 8 December 1992 ("Act"). Enforcement is ensured by the Data Protection Authority ("DPA").

DEFINITION OF PERSONAL DATA

Personal data means any information relating to an identified or identifiable natural person.

A person is considered to be an identifiable person when he or she can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity.

DEFINITION OF SENSITIVE PERSONAL DATA

The Belgian Data Protection Act distinguishes between three categories of sensitive personal data, for which distinct rules apply:

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Received A Request For Access? This Is What Your Organisation Should Know (And Do)

Een Inzageverzoek Ontvangen? Dit Moet Uw Onderneming Weten (En Doen)

Hoe organisaties kunnen voldoen aan de Europese interoperabiliteitsregels bij gegevensdeling of -uitwisseling

European UnionPrivacy

How Organisations Can Comply With European Interoperability Rules For Data Sharing And Data Exchange

European UnionPrivacy

CJEU Judgment In The Jautiva Case

European UnionPrivacy

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Privacy
- Data Protection

Related Comparative Guides

Comparative Guide

Data Protection & Cybersecurity

See more popular content from

Privacy

The EU Data Act Now Applies | Key Compliance Points For Businesses Selling Connected Products And Services

The Data Act (Regulation (EU) 2023/2854) applies across the EU as from 12 September 2025. It reshapes access to and use of data generated by connected products and related services...

European UnionPrivacy

How Organisations Can Comply With European Interoperability Rules For Data Sharing And Data Exchange

The European Union's data strategy introduces comprehensive interoperability obligations through the GDPR, Data Act, and Data Governance Act, fundamentally transforming how organizations handle data portability, switching between service providers, and data intermediation services. Organizations providing data processing services and those operating as data intermediaries face new compliance requirements, registration procedures, and operational standards that demand immediate attention and strategic implem

European UnionPrivacy

Can I Send Marketing E-Mails Without Consent (Opt-In) To Former Customers?

On 29 December 2021, a data subject filed a complaint with the Belgian Data Protection Authority (BDPA) due to the receipt of a direct marketing e-mail from a company which he had not been a customer for two years.

Transfer Of Personal Data Outside The European Economic Area: What's New?

From 27 June 2021, companies can use the European Commission's long-awaited new standard contractual clauses as an appropriate safeguard for transferring personal data to countries...

European UnionPrivacy

EU General Court Upholds EU–US Data Privacy Framework

On 3 September 2025, the EU General Court (T-553/23, Latombe v Commission) dismissed an action challenging the European Commission's adequacy decision 2023/1795 of July 2023 on the EU–US Data Privacy Framework.

CJEU Judgment In The Jautiva Case

The Court of Justice of the European Union has ruled that Latvian legislation requiring unrestricted public access to shareholder information violates fundamental rights protections under the EU Charter. While the Court acknowledges the legitimacy of anti-money laundering, counter-terrorism, and sanctions objectives, it finds that these goals can be achieved through less intrusive measures that restrict access to competent authorities, obliged entities, and persons with legitimate interests. The judgment le

European UnionPrivacy

Belgium Publishes Law Implementing GDPR

On September 5, the official journal published the Belgian law implementing the GDPR (source documents in French and in Dutch).

Challenge To EU- US Data Transfers Fails

The Court of Justice for the European Union (CJEU) has handed down its judgment in the case of Latombe v Commission, underscoring the continuing validity of the EU-US...

European UnionPrivacy

AI-based Legal Tech Solutions: Discover The Legal Pitfalls

Over the past years, "legal tech" solutions have become increasingly popular to help inhouse legal departments and law firms share and reuse existing knowledge.

It's Finally Here: Adequacy Decision On EU-US Data Transfers

More than a year after the first announcement of the Trans-Atlantic Data Privacy Framework, the European Commission adopted its adequacy decision on the EU-US Data Privacy Framework (DPF)...