Can the Markets Court overturn a GBA decision on procedural grounds?

The Market Court is a specific chamber at the Brussels Court of Appeals to which appeals can be made against decisions of the Data Protection Authority (GBA) The Market Court may overturn decisions of the GBA for procedural reasons.

On June 16, 2022 the GBA imposed a fine of 50,000 euros on press group Rossel for breaches of cookie regulations on the lesoir.be, sudinfo.be and sudpressedigital.be websites. The fine related mainly to violations related to the required consent for the placement of non-essential cookies.

However, Rossel disagreed with this decision and appealed to the Market Court.

At judgment of February 22, 2023 the Market Court overturned the decision of the DPA's Litigation Chamber on procedural grounds. Indeed, the decision previously made by the DPA's management committee to refer the case to the inspectorate did not mention "serious indications" of a practice that could lead to a breach of the fundamental principles of personal data protection, even though the law establishing the DPA requires this (§ 18.10). The relevant reasoning of the Disputes Chamber's decision to impose sanctions was incorrect in this respect, according to the Market Court, and this decision should therefore be annulled (§ 18.12).

Are you seeking advice from a lawyer regarding proceedings before the Data Protection Authority and/or the Markets Court? Feel free to contact with our attorneys specializing in data protection law.