January 31, 2023

Volume XIII, Number 31

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January 31, 2023

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January 30, 2023

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2023 Global Legislative Predictions – Belgium

The IAPP has gathered predictions from privacy professionals in 56 nations across six continents in their publication 2023 Global Legislative Predictions. Charles Helleputte and Diletta De Cicco provide their predictions for Belgium.

2022 was a bumpy year for data protection in Belgium, at least when looking at its primary enforcer, the Belgian Data Protection Authority. 2023 will serve as a year zero for the renewed ADP 2.0. Following too many press headlines, resignations and an infringement procedure launched by the European Commission, the time for a reshuffle in leadership has come. Historic and prominent figures were dismissed or resigned; new leadership took the rein of a reorganized body mid-2022.

This year will serve as a test case on at least three majors fronts for the ADP:

  • Deliver on the use of codes of conduct as a transfer mechanism in the cloud area, a matter that has less to do with the pioneer position of Brussels in the sector and more to do with the country (in particular its capital) being home to many trade associations (and you can also say cloudy sky, if you happen to live here).

  • Confront its reasoning in the International Advertising Bureau Europe case with the outcome of the proceeding that is pending in front of the Court of Justice of the European Union, which could have far-reaching implications.

  • Lodge a call for additional funding with the government to prepare — on time for once — to deal with the upcoming new roles the ADP will play in the future, including following the upcoming adoption of the EU Artificial Intelligence Act.

2023 will finally be the last chance for strategic progresses in the long list of EU digital files (the AI Act, the Data Act, etc.) as well as the progressive entry into force of those files already adopted at the EU level. Their impact will reshape the landscape across the EU, including the stakeholder interest in the legislative process concentrated in Belgium.

© Copyright 2023 Squire Patton Boggs (US) LLPNational Law Review, Volume XIII, Number 25
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About this Author

Partner

Charles Helleputte heads up the EU Data Privacy, Cybersecurity & Digital Assets Practice. Charles focuses on existing EU and national privacy, cybersecurity and data laws, such as the NIS Directive, GDPR and the Cybersecurity Act, and on upcoming developments, such as NIS 2, DORA, the AI Act and the ePrivacy Regulation.

Charles has specific experience preparing and managing incidents in a cross-border context, where it is necessary to consider multiple cybersecurity, privacy and other regulatory and enforcement frameworks (such as NIS, PSD2...

32-2-627-1100
Diletta De Cicco Brussels Privacy Attorney Squire Patton Boggs
Counsel

Diletta De Cicco is Counsel at Squire Patton Boggs' Brussels office. She advises clients on cybersecurity, data and privacy issues. In particular, she assists clients to comply with existing EU and national cybersecurity, data and privacy laws, such as the NIS Directive, GDPR and the Cybersecurity Act, and on upcoming developments, such as the AI Act and the ePrivacy Regulation.

She has experience managing incidents in a cross-border context, where it is necessary to consider multiple cybersecurity, privacy and other regulatory and enforcement...

322-627-1100
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