Belgium's data protection authority has intensified its enforcement activity. International companies operating in Belgium – whether as a data controller or a data processor – now face a measurably higher risk of investigation, formal decision, and financial penalty than they did eighteen months ago.
The Gegevensbeschermingsautoriteit (GBA), Belgium's national data protection authority (DPA), has issued a series of enforcement decisions targeting deficient consent mechanisms, unlawful cross-border data transfers, and inadequate processor agreements. These actions apply to any organisation established in Belgium or offering goods and services to Belgian residents. Affected businesses should complete a compliance gap assessment within sixty days of this alert.
This alert identifies which business categories are exposed, explains the threshold criteria that trigger GBA scrutiny, and sets out five immediate actions for international companies to reduce enforcement risk.
What has changed – the regulatory development and key decisions
The GBA's enforcement posture shifted materially during 2024 and accelerated into early 2025. Three distinct enforcement strands now define the Belgian regulatory environment.
Consent mechanism failures. The GBA has consistently found that cookie banners and consent flows on Belgian-facing websites fail to meet the standard required by EU data protection legislation. Specifically, the authority has held that pre-ticked boxes, bundled consent, and the absence of a genuine "reject all" option at the first layer of interaction constitute unlawful processing. A significant share of challenged consent implementations have resulted in corrective orders and administrative fines.
Cross-border data transfer gaps. The GBA has examined transfers of personal data to third countries. particularly to jurisdictions without an EU adequacy decision. and found that standard contractual clauses are routinely signed without the required transfer impact assessments. Under EU data protection legislation, a data controller cannot rely on standard contractual clauses alone; a documented assessment of the legal regime in the destination country is mandatory. The GBA has treated the omission of that assessment as an independent infringement, regardless of whether actual harm resulted.
Processor agreement deficiencies. Organisations that engage external vendors to process personal data on their behalf have faced scrutiny over incomplete or absent data processing agreements. The GBA has held that boilerplate terms embedded in general service contracts do not satisfy the requirements imposed on controllers under data protection legislation. Specialist legal advice – from a lawyer with GDPR compliance experience in Belgium – is increasingly necessary to structure these arrangements correctly. For a full picture of compliance obligations specific to Belgium, see our data protection services in Belgium.
Effective dates vary by enforcement strand. The consent decisions are retroactive in effect: the GBA has assessed past processing conduct, not merely prospective behaviour. The transfer assessment requirement has been enforceable since the invalidation of the prior adequacy shield for US transfers and applies in full to all ongoing transfer arrangements. Processor agreement requirements have been in force since the GDPR became directly applicable.
Who is affected – threshold criteria and exposed business categories
The GBA's recent decisions point to four primary categories of affected organisations.
Digital platforms and e-commerce operators. Any business running a website or app directed at Belgian users and using advertising technology, analytics cookies, or behavioural profiling faces direct exposure. The GBA has targeted both Belgian-established companies and foreign operators with Belgian user bases. The threshold is practical: if the platform collects personal data from Belgian residents, the DPA treats itself as competent to act.
Technology vendors acting as data processors. Cloud providers, SaaS companies, marketing automation platforms, and payroll processors operating in Belgium are subject to the processor agreement requirements. The GBA has confirmed that acting as a processor does not insulate a vendor from direct regulatory liability where it processes data outside the scope of documented instructions.
Multinational groups with Belgian subsidiaries. Where a Belgian entity acts as a local data controller within a multinational structure, it bears autonomous responsibility for GDPR compliance. A group-level privacy policy maintained from a foreign headquarters does not discharge the Belgian entity's obligations. The GBA has initiated proceedings against Belgian subsidiaries where the parent group's governance did not account for Belgian-specific requirements.
Professional services firms and financial institutions. Sectors handling sensitive categories of data – health, financial, employment – face heightened scrutiny. The GBA has signalled that it treats inadequate security measures and lack of documented retention schedules as aggravating factors when calculating penalties.
Organisations engaged in AI-driven data processing should also note that the GBA coordinates with national AI supervisory bodies. For the intersection of data protection and AI regulation in Belgium, the AI law practice in Belgium addresses the overlapping compliance obligations in detail.
To receive an expert assessment of your data protection exposure in Belgium, contact us at info@ferrazwhitmore.com.
Immediate actions – what to do now
International companies should treat the following as a priority compliance checklist. The recommended timeline for completing the full review is sixty to ninety days from receipt of this alert.
- Audit consent mechanisms. Review every consent flow deployed on Belgian-facing digital properties. Confirm that users can refuse non-essential processing at the first layer, without scrolling or clicking through additional screens. Pre-ticked boxes and consent bundled with terms of service must be removed immediately.
- Document all cross-border data transfers. Map each transfer of personal data leaving the European Economic Area. For every transfer relying on standard contractual clauses, complete a transfer impact assessment. Where the destination country presents a material risk to data subject rights, implement supplementary technical measures before the transfer continues.
- Review processor and sub-processor agreements. Identify all vendors processing personal data on your behalf. Replace general service contract clauses with standalone data processing agreements that satisfy the specific requirements of EU data protection legislation. Sub-processor arrangements must be authorised in writing and subject to equivalent obligations.
- Update retention schedules and deletion procedures. The GBA has treated undocumented or unenforced retention periods as evidence of systemic non-compliance. Confirm that data is deleted or anonymised at the end of the stated retention period and that the deletion process is auditable.
- Designate a Belgian contact point. If your organisation does not have an EU-based Data Protection Officer or representative, assess whether one is required under applicable data protection legislation. The absence of a designated contact point has featured in several GBA enforcement decisions as a procedural deficiency that increases overall penalty exposure.
For an overview of parallel enforcement developments in a neighbouring jurisdiction, the alert on data protection enforcement in Portugal addresses comparable regulatory trends in the Iberian context.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions on data protection and GDPR compliance. Our technology and privacy practice helps data controllers and data processors operating in Belgium and across the EU to assess regulatory exposure, restructure consent mechanisms, document cross-border data transfers, and respond to DPA investigations. As a law firm in Belgium and across Europe, we combine Portuguese civil law expertise with English common law tradition to deliver results-oriented advice to multinational groups, technology companies, and financial institutions. Our attorneys have advised on data protection matters before national DPAs and in cross-border contexts spanning both civil and common law systems. To discuss your organisation's compliance position in Belgium, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.
Author: Sophie Kellner
Author title: Partner, IP & Technology Law
Published: February 09, 2026