APD/GBA (Belgium) - 02/2023
|APD/GBA - 02/2023|
|Relevant Law:||Article 12(3) GDPR|
Article 12(4) GDPR
Article 17(1) GDPR
|National Case Number/Name:||02/2023|
|European Case Law Identifier:||n/a|
|Original Source:||Gegevensbeschermingsautoriteit (in NL)|
|Initial Contributor:||Enzo Marquet|
The Belgian DPA determined that a controller breached Articles 12(3), 12(4) and 17(1) GDPR by not responding an erasure request. The DPA ordered the controller to comply with the request pursuant of Article 58(2)(c) GDPR.
English Summary[edit | edit source]
Facts[edit | edit source]
Holding[edit | edit source]
The DPA first confirmed that the data subject correctly exercised his right to erasure. The DPA held that the controller breached Articles 12(3) GDPR, 12(4) GDPR and 17(1) GDPR because it did not respond in time to the erasure request and even sent a promotional e-mail after the request had been submitted. The DPA ordered the controller to comply with the erasure request and ordered the controller to provide the DPA with an update within 30 days on which action it had taken.
Comment[edit | edit source]
This was a preliminary (Prima Facie) decision according to Article 95 WOG, prior to a decision on the merits.
Further Resources[edit | edit source]
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English Machine Translation of the Decision[edit | edit source]
The decision below is a machine translation of the Dutch original. Please refer to the Dutch original for more details.