Belgian Constitutional Court Invalidates Enforcement Provisions of Data Protection Law
On January 12, 2023, the Belgian Constitutional Court delivered a landmark ruling that overturned a provision in the nation’s data protection law that inhibited parties not involved in proceedings before the Belgian Supervisory Authority from challenging their decisions.
The Court’s decision has now granted third-parties the right to appeal any decisions made by the Supervisory Authority since the law first came into effect. These appeals must be brought before the Market Court within one month of the Court’s ruling being published in the Official Gazette. Furthermore, future decisions should be appealed within 30 days of them being known to those affected by them.
The decision has posed yet another challenge for the Belgian Government, which is already revising the data protection laws according to recommendations from the European Commission citing concerns about impartiality.
