2 / 5TH ANNIVERSARY OF THE GDPR
3 /
CZECH REPUBLIC.
BELGIUM.
INTRODUCTION.
JIŘÍ ŠMATLÁK BDO Legal | Czech Republic
PIETER GOOVAERTS BDO Legal | Belgium
jiri.smatlak@bdolegal.cz
pieter.goovaerts@bdo.be
LESSONS LEARNED:
ON 25 TH MAY 2023, IT WILL HAVE BEEN FIVE YEARS SINCE THE GENERAL DATA PROTECTION REGULATION (GDPR) CAME INTO EFFECT.
LESSONS LEARNED:
Czech republic had a reasonably robust data protection framework even before the GDPR was implemented. The positive effects brought about by the GDPR, nevertheless, were and continue to be multiple. The public started to appreciate their right to privacy much more. For many small business owners, introducing a data privacy system has been the first major step of next-wave compliance, despite being rather vocal in protesting it at first. The GDPR certainly aided in reshaping the Czech market into a more consumer-oriented and balanced one, not only in the field of personal data protection.
Data protection has increasingly gained the attention of Belgian businesses as well as the public over the past 5 years. Enforcement of the GDPR has been slow, as the Belgian Data Protection Authority struggles with limited resources as well as its independence after some directors either resigned or saw their mandate ended by the Belgian Parliament, with concerns voiced by the European Commission as well as the EDPB. Focus is therefore on the processing of complaints and reaction to data leaks, rather than proactive action. There were, however, efficient reactions to societal issues, such as guidance and fines related to direct marketing and data brokers, and fines related to non-compliant body temperature checks in Belgian airports during the COVID 19 pandemic.
This European privacy law has significantly improved the protection of personal data in Europe and has had major implications for companies and organisations processing personal data.
To celebrate this anniversary, various BDO legal firms from across Europe are sharing some thoughts about the past and the future of the GDPR and the protection of personal data.
PREDICTIONS FOR THE FUTURE:
For the EU and Czech authorities alike, it will be important to continue efforts to explain the benefits of new legislation before its implementation, otherwise, loud opposers may gain the upper hand and halt development. Just as the public grew accustomed to better data protection, so did those who seek to exploit it. We will be facing new threats jeopardising our privacy. Advanced computer-generated imagery capable of creating life-like deep fakes in mere seconds, algorithm monitoring, analysing, and predicting our behaviour are but some of them. How (and whether at all) it will be possible to protect ourselves from this remains a question that software experts are still trying to answer. Many of these threats come from outside the EU, from jurisdictions where our appreciation for privacy is not shared. We expect this to be the next, perhaps the biggest ever, challenge for EU and national data protection. Many of these threats come from outside the EU, from jurisdictions where our appreciation for privacy is not shared.
PREDICTIONS FOR THE FUTURE:
Due to the fact that data in all its forms is becoming increasingly important, not in the least due to EU legislation on this topic, the awareness of the population is increasing, which in turn incites businesses to ensure compliance with the GDPR. The Belgian DPA seems to continue to set its priorities in line with those set out by the EDPB, i.e., cookie compliance, position of the DPO and smart cities in the short term, while clearly linking the efficiency of its organisation to the budget at its disposal. Rapid growth of innovative technologies, pushed by AI learning, will provide new challenges in the protection of privacy in Belgium, with its heavily data driven service economy.
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