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Belgium: New data laws come into effect

 |  September 12, 2018

The Belgian Law of July 30, 2018 on the protection of natural persons with regard to the processing of personal data (“Law of July 30, 2018”) entered into force on September 5, 2018.

This extensive piece of legislation abolishes the Law of December 8, 1992 on privacy protection when processing personal data (“Law of 1992”), which regulated the processing of personal data in Belgium for almost 26 years.

The Law of July 30, 2018 ends the peculiar coexistence of the Law of 1992 and the EU General Data Protection Regulation 2016/679 (GDPR). The GDPR came into force on May 25, 2018, and directly applies to data processing activities performed by Belgium-based controllers and processors.

After the Law of December 3, 2017 creating the Data Protection Authority (replacing the Commission for the Protection of Privacy), tasked with monitoring compliance by Belgian entities with their privacy obligations, the Law of July 30, 2018 is the second piece of Belgian legislation triggered by the GDPR.

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