Law note · Belgium
Act of 30 July 2018 Title 5, Action en Cessation, and GDPR Article 22
General Data Protection Regulation (GDPR) Articles 12-23 govern access, rectification, erasure, restriction, portability, objection, and the Article 22 right against solely automated decision-making; Belgium adds no sector-specific automated-decision rule beyond that baseline.
What the Act adds, read verbatim, is a domestic enforcement route: Title 5's action en cessation lets the president of the court of first instance, sitting as in summary proceedings, order the cessation of processing that violates the data-protection rules, with standing confined to the data subject and the supervisory authority (Art. 211).
Article 220 implements GDPR Article 80, letting a data subject mandate a qualifying body active in data protection for at least three years to lodge a complaint on their behalf.
What it asks of an app
- Give a person in Belgium a path to obtain human intervention, express their view, and contest a decision made solely by automated processing that produces a legal or similarly significant effect on them.
- Expect a Belgian court, on a data subject's or the GBA/APD's action en cessation, to be able to order the cessation of unlawful processing under Act Title 5.
When LexLint raises it
Declared activities: high_risk_decisions, deploys_chatbot, crawls_web
Primary source: Moniteur belge, 5 September 2018, Arts. 11-17, 209-211, 220 (direct read, verbatim)