On 21 October 2022, the Belgian Data Protection Authority issued its first settlement decisions whereby the cases against a controller for alleged cookie infringements were settled by means of payment of 10.000 EUR per case. It is also the first decision of this type in the EU. To our knowledge, Supervisory Authorities in other EU Member-States have not yet taken this particular type of settlement decision.
Proposing a settlement is one of the powers conferred upon the Litigation Chamber (i.e., the administrative dispute resolution body within the Belgian Data Protection Authority) and is included in the list of measures in article 100 of the Belgian Act on the Establishment of the Data Protection Authority.
While this type of settlement decision in Belgium is still at an early stage – and may benefit from certain enhancements – it is certainly an interesting avenue for controllers to consider when confronted with proceedings before the Belgian Data Protection Authority.