AKD is a leading Benelux law firm. With a team of 280 committed lawyers, civil-law notaries and tax lawyers, AKD delivers high quality legal services and tax matters in nearly all legal fields, based on a full-service approach. Our client base varies from very large multinational companies to stock-listed entities, from large corporates to family owned businesses, from financial institutions to municipalities and hospitals
Tech, Data, Telecoms & Media
The Litigation Chamber of the Data Protection Authority (DPA) recently provided welcome clarifications concerning the validity of employee consent. The DPA decided that the free consent of employees was possible and could be valid if all other conditions of Article 4.11 of the EU General Data Protection Regulation were fulfilled and that the data was collected for a specified and legitimate purpose but the purpose of the processing was not explicit.
The Litigation Chamber of the Data Protection Authority recently issued a reprimand to a hospital for its violation of an employee's access and information rights regarding an audit, which had led to the employee's dismissal. Specifically, the hospital had refused the employee access to the external expert's audit report which had formed the basis of its decision to dismiss the employee.
The Belgian Protection Authority (DPA) recently fined a social media platform €50,000 for processing personal data during the scope of a referral programme without an appropriate legal basis. This decision is particularly relevant because it was rendered on the basis of the one-stop-shop mechanism and all of the national authorities concerned validated the DPA's reasoning.