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Belgium: DPA fines unnamed company €172,431 for noncompliance with rights to object and erasure

The Belgian Data Protection Authority (Belgian DPA) published its decision No. 87/2024, as issued on June 3, 2024, in which it fined an unnamed company for violations of the General Data Protection Regulation (GDPR).

Background to the decision

The Belgian DPA outlined that it received a complaint from an individual regarding unsolicited direct marketing. The complainant first exercised their right to erasure following an unrecognized charge made by the company. After that, the complainant claimed marketing messages were sent despite the complainant exercising their rights to opposition and erasure.

Findings of the Belgian DPA

After investigating, the Belgian DPA found that the company failed to comply with the complainant's requests to object and of erasure. The Belgian DPA highlighted that the right to object to direct marketing is an unconditional right and cannot be refused by the data controller. The Belgian DPA also noted that the company failed to take concrete measures to respond to the requests to object and to erase.  

Thus, the Belgian DPA concluded that the company violated Articles 5(1)(a), 5(2), 17, 21, and 24 of the GDPR.

Outcomes

Based on the above violations, the Belgian DPA imposed a fine of €172,431 on the company, as well as ordered the company to comply with the complainant's request to object and of erasure.

You can read the decision, only available in French, here.