Belgian DPA Sanctions Company for Non-Compliance with the GDPR’s DPO Requirements
On April 28, 2020, the Litigation Chamber of the Belgian Data Protection Authority imposed a €50,000 fine on a company for non-compliance with the requirements under the General Data Protection Regulation related to the appointment of a data protection officer.
In its decision, the Litigation Chamber of the Belgian DPA upheld the alleged infringement of the GDPR’s DPO requirements (in particular Article 38(6) of the GDPR), arguing that by appointing the Head of the Compliance, Risk Management and Audit department as DPO, the company had failed to comply with its obligation to ensure that its DPO is free from any conflict of interest.