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Elisabeth Dehareng

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B2B relationships, particularly in the retail sector, are often characterized by an economic imbalance between the contracting parties, resulting in one party being able to impose contractual terms that would not be possible under normal market circumstances. Therefore, on 21 March 2019, the Belgian Parliament passed a new act on the abuse of economic dependence, unfair terms and unfair practices in B2B relationships (the ‘Act’). 

The European Data Protection Board (EDPB) has published draft guidelines on the concepts of controller and processor in the GDPR (Guidelines). They replace the previous guidelines on the concepts of controllers and processors which the Art. 29 Working Party, i.e., basically the EDPB’s predecessor, had published in 2010. The Guidelines…

The European Data Protection Board (“EDPB”) has published draft guidelines on the concepts of controller and processor in the GDPR (“Guidelines”). They replace the previous guidelines on the concepts of controllers and processors which the Art. 29 Working Party, i.e. basically the EDPB’s predecessor, had published in 2010. The Guidelines are open for public consultation until October 19, 2020, after which the final version will be issued.

In brief On 28 April 2020, the Litigation Chamber of the Belgian Data Protection Authority (DPA) sanctioned an organization with a fine of EUR 50,000 for non-compliance with the requirements related to the appointment of its DPO under Art. 38(6) of the GDPR. This Article states that the Data Protection Officer…

Our latest edition covers 39 jurisdictions, answering five common data privacy and security questions employers may have in light of COVID-19. As the world grapples with the COVID-19 pandemic and its profound impact across regions and industries, many companies are facing difficult business and legal challenges and are required to…

Data Transfers: Derogations for specific situations (Art. 49 GDPR) In the context of the “Schrems II case,” we continue our analysis of alternative vehicles allowing the transfer of personal to third countries outside the European Economic Area. In previous papers, we focused on Binding Corporate Rules (BCR) as alternatives to…

April 3 update: Our latest edition includes updates for 12 jurisdictions in EMEA, Latin America and Asia Pacific. As COVID-19 continues to quickly spread across the globe and has officially been declared a pandemic, many companies are facing difficult business and legal challenges and are required to make some urgent…

Schrems II case – the data importer perspective Following our previous analysis of the consequences of the opinion of the advocate general Hendrik Saugmandsgaard Øe (a.g.) in the Schrems II case, from the data exporter perspective (available here), we now focus on the implications of the same with respect to…

Schrems II case – the data importer perspective Following our previous analysis of the consequences of the opinion of the advocate general Hendrik Saugmandsgaard Øe (a.g.) in the Schrems II case, from the data exporter perspective (available here), we now focus on the implications of the same with respect to…