Council of State - 253.677
| Coouncil of State - 253.677 | |
|---|---|
 | |
| Court: | Coouncil of State (Belgium) |
| Jurisdiction: | Belgium |
| Relevant Law: | Article 9 GDPR Article 28 GDPR Article 46 GDPR |
| Decided: | 06.05.2022 |
| Published: | 01.06.2022 |
| Parties: | |
| National Case Number/Name: | 253.677 |
| European Case Law Identifier: | |
| Appeal from: | |
| Appeal to: | Unknown |
| Original Language(s): | French |
| Original Source: | Council of State (in French) |
| Initial Contributor: | n/a |
The Council of State suspended a decision to choose a US contractor in the context of a public procurement procedure on the ground that the public authority did not sufficiently examine whether the contractor was compliant with the requirements of the GDPR, in particular the provisions on transfers and the further processing by another company, Smart Analytics, based in Russia.
English Summary
Facts
VIVALIA, a public network of hopsitals, started a public procurement procedure to find a contractor to process patient data of hospitals for statistics purposes. The contract was assigned to 3M, a US company that was already in the news for transferring data in the US and Russia without appropriate safeguards. On this basis, a third party, which also took part in the public procurement procedure, challenged the decision of VIVALIA to choose 3M as a contractor.
Holding
The Council of State considered that VIVALIA should have analysed to which extent 3M was compliant with the section of the GDPR on transfer, which is an entire part of the public procurement specifications. Considering the lack of analysis of VIVALIA on this aspect, the Council of State suspended the decision to choose 3M as a contractor.
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English Machine Translation of the Decision
The decision below is a machine translation of the French original. Please refer to the French original for more details.
