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Data Protection Laws in Belgium: Key Requirements and Obligations

1. Data Protection by Design

Data protection laws in Belgium require controllers to build compliance with data protection rules into the initial stages of projects involving the processing of personal data. This means that controllers must incorporate privacy-enhancing features into their systems and procedures from the outset.

2. Key Parameters for Data Protection by Default

When implementing data protection by default, controllers must carefully assess several key parameters:

  • Amount of personal data collected: Only collect the minimum amount of personal data necessary to achieve the intended purpose.
  • Purposes of processing: Ensure that the processing is lawful and transparent.
  • Data retention periods: Store personal data for no longer than necessary, and delete or anonymize it when no longer needed.
  • Data accessibility: Implement measures to ensure that only authorized personnel have access to personal data.

3. Internal Records of Data Processing Activities

Both controllers and processors are required to maintain internal records of their data processing activities.

For Controllers:

  • The record should contain at least the following:
    • Name and contact details of the controller: Keep accurate and up-to-date information about your organization.
    • Purpose of processing: Clearly define the purpose of processing personal data.
    • Description of categories of personal data and individuals: Identify what types of personal data you collect and process.
    • Categories of recipients of the data: List all parties that receive personal data from your organization.
    • In case of transfers: identification of a third country or international organization: If you transfer personal data outside the EEA, identify the third country or international organization involved.
    • Retention periods: Specify how long you will store personal data for.
    • Description of technical and organizational security measures: Describe the measures in place to protect personal data.

For Processors:

  • The record should contain at least the following:
    • Name and contact details of each controller by which they are engaged: Keep accurate information about all controllers that engage your services.
    • Categories of processing: Identify the types of processing you perform on behalf of controllers.
    • In case of transfers, identification of a third country or international organization: If you transfer personal data outside the EEA, identify the third country or international organization involved.
    • Description of technical and organizational security measures: Describe the measures in place to protect personal data.

4. Exceptions to Record-Keeping Obligation

Organizations with fewer than 250 employees are exempt from maintaining internal records unless they process special categories of data (such as health or financial information) or personal data relating to criminal convictions and offenses.

5. Data Retention and Disposal Policies

The Belgian Data Protection Authority requires that personal data should only be kept for as long as is necessary for its intended purpose. When no longer needed, personal data should be deleted or anonymized. The authority has published guidelines on data cleansing and destruction of data carriers, including techniques such as overwriting, cryptographic erasure, and demagnetization.