Belgian Data Protection Authority Imposes Fines on Non-Profit Organization

In a decision issued on May 29, 2020, the Belgian data protection authority (DPA) turned its attention to the practices of non-profit organizations when it imposed a fine for violations of the EU’s General Data Protection Regulation (GDPR).  The DPA’s decision responded to an individual who complained that he continued to receive promotional materials from the organization after he had objected to the processing of his contact details for direct marketing. He had also requested that the organization delete his data from its database. The DPA stated that under the GDPR, unsolicited postal communications sent by non-profit organizations to promote their services and to fundraise qualify as “direct…

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EDPB Releases New Guidance: When Can Companies Rely on the Need to Fulfill the Terms of a Contract as a Legal Basis to Process?

On April 12, 2019, the European Data Protection Board (“EDPB”) published draft guidelines on the legal basis for processing personal data that involves providing online services to data subjects (the “Guidelines”). Specifically, they discuss when companies can rely on Article 6(1) – that processing can take place in the context of fulfilling the terms of a contract – and what conditions must be established to do so. The Guidelines make clear that this basis is narrower than it is often interpreted to be, and that companies must take care that they meet certain requirements. Background To lawfully process data, companies must establish one of six legal bases articulated in Article…

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