Belgium. ePrivacy / marketing. Act
LCE / WECLaw of 13 June 2005 on electronic communications (Article 10/2 on cookies) and Code of Economic Law Book XII (e-marketing)
In force
Partly verified
Low confidence.Article renumbering (129 to 10/2) from memory; verify.
§1Summary
- Synopsis
Belgium's Electronic Communications Act requires prior consent for non-essential cookies and similar technologies. Unsolicited electronic marketing is governed by the Code of Economic Law with an opt-in rule and limited soft opt-in.
- Key themes
- Unique features
The Belgian DPA has taken the lead on cookie enforcement and has issued detailed cookie guidance; Belgium also hosted the IAB Europe TCF decision.
- SaaS relevance
Any SaaS website, app or product that sets non-essential cookies/SDKs or sends marketing emails/SMS to users in this country needs prior consent (subject to exemptions) under this law, regardless of where the provider is based.
§2Obligations
- Extraterritorial
- Yes
- Breach notification
- Telecom providers: authority notification under Reg 611/2013; otherwise GDPR
- DPO
- No
- Cross-border transfers
- None
- Maximum penalty
- Criminal/administrative fines under LCE and CEL; GDPR fines via APD
§3Dates
- Key dates
- Adopted
- In force
- Cookie rule formerly Art 129, moved to Art 10/2 in 2022 by the law transposing the EECC; e-mail marketing under Code of Economic Law Art XII.13 and Royal Decree of 4 April 2003
§4Text and authority
- Text
- Authoritative text ejustice.just.fgov.be
- Authority
- APD-GBA (cookies/personal data); BIPT/IBPT (telecom); FPS Economy (e-marketing)
§5Where it applies
- Domestic law of
- Belgium
§6Sources and verification
- Sources consulted
- Verification
Low confidence.
Partly verified
Low confidence.Article renumbering (129 to 10/2) from memory; verify.