On 23 December 2020, the Belgian DPA published two documents in relation to the Litigation Chamber's approach to decisions on GDPR infringements: one policy in relation to penalty fines [i.e. fines per day of non-compliance after an order to comply], and one policy in relation to the publication of decisions.
These policies are of great interest to us as lawyers, because these policies help us better anticipate how the Litigation Chamber will handle cases in the future (and therefore, how we should advise and defend our clients).
But what do they mean for you and your organisation?
In summary, know that there are now clear rules on what the maximum amount would be for a penalty fine (dwangsom / astreinte), i.e. fines due by your organisation if (i) in a decision on the merits, the Litigation Chamber orders your organisation to adapt processes, respond to a data subject request, etc., and (ii) your organisation fails to do so by the deadline set by the Litigation Chamber. This could be 25.000 EUR per day or 5% of the average daily worldwide turnover (whichever is higher). This amount would not be applied all the time, but the Litigation Chamber would in any event not go beyond that (high) threshold.
Moreover, as a rule, any GDPR infringement decision concerning your organisation will be published by the Litigation Chamber, but your organisation will only be named in exceptional cases (e.g. because full publication is a sanction in and of itself, because there is a public interest in the identity of the organisation being identifiable, etc.).
If you would like more details, read our analysis here.
Otherwise, bookmark this newsletter for when you need to discuss risks regarding proceedings before the Litigation Chamber (along with our data protection litigation newsletter of October) – and in the meantime, enjoy the festive season, wherever you may be, whichever form of celebrations you may be permitted to have.