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VBB on Belgian Business Law, Volume 2021, No. 4

  • 11/05/2021
  • Newsletters

The April 2021 issue of our Belgian Business Law newsletter reporting on the latest developments in a range of areas, including competition, data protection, intellectual property and labour law. 

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    • 01/06/2021
    • Articles

    Belgian DPA Approves First European Code of Conduct

    On 20 May 2021, the Belgian Data Protection Authority (Gegevensbeschermingsautoriteit / Autorité de protection des données – the DPA) approved the first transnational code of conduct to be adopted within the European Union since the entry into force of General Data Protection Regulation (EU) 2016/679 (the GDPR). The “EU Data Protection Code of Conduct for Cloud Service Providers” (the EU Cloud CoC) aims to establish good data protection practices for cloud service providers and wishes to contribute to a better protection of personal data processed in the cloud in Europe. One day earlier, on 19 May 2021, the European Data Protection Board issued a favourable opinion, allowing the DPA to approve the first transnational code of conduct. In its approval decision, the DPA underlines the importance of codes of conduct as voluntary accountability tools to tailor data protection rules to the specificities of a sector. By adhering to the code, companies will ensure that data handling is in line with the GDPR. Adherence to the EU Cloud CoC is also achievable for small and medium enterprises that are active in this sector. Please click below to read our note on the Code of Conduct.

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    • 12/04/2021
    • Articles

    European Union and South Korea Conclude Adequacy Talks

    On 30 March 2021, the European Commission and the Republic of Korea successfully concluded their negotiations on adequacy. An “adequacy finding” will enable free and safe data flows from the European Union to South Korea. The conclusion of the negotiations allows the European Commission to adopt an “adequacy finding” under Article 45.3 of the GDPR, confirming that South Korea’s Personal Information Act (PIPA) provides a comparable level of protection of personal data to European data protection laws. Such an “adequacy finding” will cover both private and public sector data controllers established in South Korea. The negotiations on adequacy were initiated in the context of the Free Trade Agreement that was concluded between the European Union and Korea. Within the framework of these negotiations, South Korea has enacted a series of reforms to its data protection laws. For instance, South Korea committed to implementing additional safeguards to protect European citizens’ personal data (e.g., introducing the concept of “pseudonymised information”, as well as the “purpose limitation” principle) and streamlined South Korea’s data protection regulatory authorities to one authority, while previously data protection breaches and issues were handled by multiple agencies. These new rules will be binding on companies importing data from the European Union and enforceable by South Korea’s Personal Information Protection Commission (PIPC). The European Commission will now launch the procedure for the adoption of a formal adequacy decision. This involves obtaining an opinion from the European Data Protection Board and approval by a committee composed of representatives of the EU Member States. Once the formal decision has been adopted, personal data can flow freely from the EU Member States to South Korea without any further safeguards or authorisations such as binding corporate rules and contractual clauses.

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