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This article looks at the aftermath of the UBO case invalidating the general access to UBO data, and looks at what lies ahead for companies and member states, and specifically at Belgium's recent regulatory action.

On 21 February 2023, the litigation chamber of the Belgian data protection authority has ruled on the legitimacy of the geographic tracking of employees by a public authority.

The General Court has declared WhatsApp’s request to annul an EDPB binding decision inadmissible.

In a judgment of 9 February 2023 (C-453/21), the European Court of Justice has further shaped the rules surrounding the independence of a data protection officer (DPO), one of the cornerstones of the GDPR.

The Grand Chamber of the CJEU confirms that EU law precludes national legislative measures which provide for the general and indiscriminate retention of traffic and location data relating to e-communications, for the purpose of combating serious crime.

On 22 March, the EU published two new proposals of regulation on 'cybersecurity at the institutions, bodies, offices and agencies of the Union' and on 'information security in the institutions, bodies, offices and agencies of the Union'.

The EDPB adopted new guidelines on the calculation of administrative fines under GDPR. The objective is to strengthen harmonisation and transparency of the methodology used by national supervisory authorities to calculate the amount of the fines.

The Council of the European Union adopted the Data Governance Act. The new regulation promotes the availability of data and builds a trustworthy environment to facilitate their use for research and the creation of innovative new services and products.

According to the CJEU, consumer protection associations are now allowed to control the GDPR implementation. 

On 15 February 2022, the European Data Protection Supervisor published Preliminary Remarks on Modern Spyware. In fact, this document directly targets the Pegasus spyware developed by an Israeli company. 

On 23 February 2022, the European Commission published its draft Data Act, i.e. a proposal for a regulation on harmonised rules on fair access to and use of data. The text is part of the European strategy for data launched by the Commission in 2020.

The European Data Protection Supervisor has handed down a positive opinion on the initiative of the European Commission to modernise Directive 2008/48 on credit agreements for consumers, taking into account the increasing digitalisation of this market.

In this blog, we briefly present developments on AI and facial recognition. Several institutions are calling for a moratorium on this technology.

In this blog, we briefly present a Belgian legislative proposition to criminalise 'doxing'.

 

On 14 January 2021, the Constitutional Court validated a legislative measure requiring the inclusion of fingerprints on Belgian eID. According to the Court, it is not contrary to the right to privacy and the right to protection of personal data.

On 6 December 2021, the European Commission published the results of the public consultation on its Data Act. This legislative initiative aims at facilitating data access and use, and reviews the rules on the legal protection of databases.

On 25 March 2021, the European Parliament adopted a resolution on the Commission evaluation report on the implementation of the General Data Protection Regulation two years after its application.

In this blog, we briefly present a judgment of the Belgian Supreme Court of 7 October 2021 on the reading of the eID card to obtain a loyalty card.