On 26 May 2021, the Belgian Market Court handed down a decision that may lead to much commentary: it set aside a fine issued by the Litigation Chamber of the Belgian Data Protection Authority (BDPA), and set out principles that may make it considerably more difficult for the Litigation Chamber to impose fines.
This decision could force the Litigation Chamber to re-think its tasks, as the Market Court showed a marked preference for prior warnings and orders to comply with the General Data Protection Regulation (GDPR) over fines. It remains to be seen whether the Litigation Chamber will challenge this judgment before the Belgian Supreme Court.
At the same time, the Market Court decision questions the relevance of “case law” of the Litigation Chamber, which may increase the importance of data protection litigators with a broad knowledge of possible arguments.
Read our analysis here.