The protection of individuals personal data

The protection of personal data

With the GDPR (General Data Protection Regulation) of 25.5.2018, directly applicable to all EU countries, a shock has occurred with all IT platforms, including those outside the EU (e.g. when delivering goods and services to EU residents or when following ("monitoring") the behavior of these inhabitants).

Fundamental human rights are protected there.

The principles of responsibility of the processor, of consent of the person, of transparency govern the rules. The fines can amount to 4% of the company's previous year's global revenue. This clearly has an effect.

Each country must have a supervisory authority. This is the Data Protection Authority.

Violations of the GDPR lead to administrative but also penal sanctions.

Anyone who establishes an infringement on the internet can immediately report this to the Data Authority. They have a first-line service for this. Such a request must be made in 1 of our 3 national languages (Dutch, French, German). This request leads to mediation.

In addition to the statement of the facts, a complaint must contain the necessary elements to identify the processing concerned and the complainant. The complaint is sent directly to the disputes chamber.

After a prior investigation, the inspection service can order the suspension, restriction or freezing of processing.

They can also conduct an on-site investigation and, if really necessary, they can even intervene in the IT system.

There is also a litigation chamber that can hear the parties, order measures, transfer the file to the public prosecutor's office and, if necessary, publish its decision on its website.

In addition, the disadvantaged party can bring an action for cessation before the presiding judge of the court (claims for rectification, deletion or prohibition of the use of incorrect personal data, whether incomplete or irrelevant for the processing, or against whom has resisted).