The General Data Protection Regulation (GDPR) is a source of complexity and uncertainty for many businesses in Belgium. The rules are strict and the potential fines are high. A specialized GDPR lawyer is therefore not a luxury, but a crucial strategic partner to help you with compliance, risk management and crisis management, such as in the event of a data breach or audit.
The GDPR: a complex risk for any business
The impact of the GDPR is often underestimated. It is a misconception to think that these rules apply only to multinational companies. As soon as you process personal data - such as a customer list, personnel records or even just a contact form on your website - you fall under the scope.
The regulation is based on accountability or accountability. This means that you must not only comply with the rules, but also be able to demonstrate compliance at all times.
More than a privacy statement
Many business owners erroneously reduce the GDPR to merely publishing a privacy notice. The reality, however, is much more complex. Compliance touches every aspect of your data processing and requires an active attitude.
Consider obligations such as:
- Legal grounds: You must send a newsletter before any processing (e.g., camera surveillance) have a valid legal basis (e.g., consent, contractual necessity, legitimate interest).
- Transparency: You must inform data subjects clearly and correctly about what you are doing with their data.
- Target binding: You may collect data only for a specific, predetermined purpose and not use it for anything else.
- Data subjects' rights: You must have procedures in place to respond to requests for inspection, correction, and the ‘right to be forgotten.
The real risks of non-compliance
The Belgian Data Protection Authority (DPA) actively monitors compliance and does not hesitate to impose sanctions. These sanctions are not merely theoretical. The DPA can impose fines of up to 4% of annual worldwide turnover, as well as other measures, such as a reprimand, a temporary ban on processing or the obligation to modify your systems.
Equally important is reputational damage. A data breach or a public sanction can irreparably damage the trust of customers, partners and employees.
The proactive role of a GDPR attorney: more than compliance
Whereas an IT consultant often focuses on technical implementation (e.g., software security), a lawyer specializing in GDPR focuses on legal strategy, risk assessment and liability.
The best way to avoid problems is to prevent them.
Legal audit and the processing register
An attorney often starts with a ‘gap analysis’ or legal audit. He maps out all the data flows within your organization: what data do you collect, why, how long do you keep it, and with whom do you share it?
The result of this analysis forms the basis for your legally required processing register. This register is not a casual document; it is the central piece of evidence of your compliance.
Closing contracts: the processor agreement
One of the most underestimated risks lies in the chain of subcontractors. When you share data with an external party (e.g., a cloud provider, a marketing agency, an accounting firm or an IT partner), you must enter into a comprehensive processing agreement (DPA).
A lawyer analyzes, negotiates and drafts these contracts. This is crucial because if your processor makes a mistake (e.g., causes a data breach), you can be held jointly liable if your contractual arrangements are not watertight.
Policy documents that have legal standing
Your external communications must be legally accurate. An attorney will ensure that your privacy statement and cookie policy not only meet transparency requirements, but also effectively cover what your organization really does. In addition, establishing clear internal policies (e.g., around data use, work-from-home, camera surveillance) is also essential.
Complex files: international data transfer
The transfer of data outside the EU, for example through U.S. cloud software (such as Microsoft 365 or Google Analytics), remains a legal concern. Although the recent EU-US Data Privacy Framework (DPF) simplifies transfers to certified U.S. companies, vigilance remains necessary.
For transfers to non-certified companies or to other countries outside the EU, complex rules remain in place (such as the use of Standard Contractual Clauses and risk analyses). A specialized attorney analyzes whether your international transfers are properly covered and advises on the necessary safeguards.
Theattorney as crisis manager: assistance in incidents
When things do go wrong, prompt and correct action is vital.
The 72-hour deadline: navigating a data breach
In the event of a data breach (e.g., due to a hack, lost laptop or human error), the clock is ticking. You basically have only 72 hours to analyze the leak and reporting it to the DPA, unless there is no risk to those involved.
In those stressful hours, a lawyer is your first point of contact. He helps frame the situation legally:
- Is this a notifiable data breach?
- How serious is the risk?
- Should those affected also be informed themselves?
- How do we communicate with the DPA to do damage control?
A misjudgment or late notification can be penalized as a separate offense.
An investigation by the Data Protection Authority (DPA).
TheDPA may initiate an investigation after a complaint (e.g., from a (former) employee or dissatisfied customer), after a data breach report, or on its own initiative. The DPA will ask questions, request documents (such as your processing register) and possibly conduct an on-site audit.
An attorney assists you in this entire process. He acts as your spokesperson, ensures that your answers are legally correct and complete, and defends your interests. Should the DPA impose a sanction, an attorney can analyze this decision and challenge it on your behalf in the Markets Court.
The strategic advantage: why an attorney and not a consultant?
While GDPR consultants can be valuable for practical implementation, a lawyer offers two unique and decisive advantages:
- Confidentiality and professional secrecy Communications between you and your attorney are strictly confidential and protected by law through professional secrecy. This is invaluable. You can speak openly about possible breaches, doubts or risks, without the fear that an internal audit report or a sensitive e-mail could later be used as evidence against you in proceedings.
- Expertise in litigation and disputes Only an attorney is trained and qualified to represent you in legal proceedings. If a complaint escalates, if the DPA starts sanction proceedings, or if you want to challenge a fine in the Markets Court, you need an attorney. The assistance of an attorney who knows the procedures and case law is then essential.
Conclusion: Make the GDPR a controlled process
The GDPR legislation in Belgium is complex and the financial and reputational risks of non-compliance are real. Waiting until a problem arises - a customer complaint, a data breach or an investigation by the DPA - is not a sustainable strategy.
A proactive approach, guided by a legal expert, transforms the GDPR from an abstract burden to a controlled business process. A specialized lawyer acts not only as your defense in case of emergency, but more importantly as a strategic partner who helps to set up your data processing in a correct, secure and legally sound manner.
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