The GDPR baseline
As an EU member state, this jurisdiction applies the General Data Protection Regulation directly: every use of personal data needs one of six legal bases, individuals hold rights to access, correct, delete and port their data, breaches are reportable within 72 hours, and fines reach EUR 20M or 4% of global turnover. Layered on top, the ePrivacy Directive's national implementation requires prior consent for cookies and similar tracking, with electronic marketing on an opt-in basis softened only by the existing-customer exception.
For advertisers that means the EU standard playbook applies here in full: consent before tracking and behavioral targeting, a compliant consent platform, documented transfer mechanics for any non-EU stack, and one eye on the Digital Omnibus negotiations, which could amend the cookie rules once a final text is adopted. The national details below are what this member state adds or emphasizes.
The national layer
The national implementing act is the Data Protection Act of 30 July 2018, and day-to-day supervision belongs to the Autorité de protection des données / Gegevensbeschermingsautoriteit. The Belgian authority is the lead regulator for IAB Europe and its Transparency and Consent Framework, the consent backbone of programmatic advertising in Europe. Its 2022 TCF decision, largely upheld through CJEU review in 2024, is required reading for anyone buying open-web inventory in the EU.
Key instruments
GDPR + Data Protection Act of 30 July 2018
The Belgian authority is the lead regulator for IAB Europe and its Transparency and Consent Framework, the consent backbone of programmatic advertising in Europe. Its 2022 TCF decision, largely upheld through CJEU review in 2024, is required reading for anyone buying open-web inventory in the EU.
Marketing and advertising
GDPR legal basis required; ePrivacy consent for cookies and tracking. That single sentence decides most channel plans here.
Cross-border transfers
GDPR Chapter V applies in full, so personal data leaves the EEA only under an adequacy decision, standard contractual clauses, binding corporate rules or a narrow derogation, with a transfer impact assessment expected where the destination has surveillance-law exposure. The mechanics are identical across the bloc, so a transfer stack built for one member state travels to all of them.
Enforcement and penalties
The GDPR's ceiling applies, with fines up to EUR 20M or 4% of global annual turnover, whichever is higher, levied by the national supervisory authority, and the EDPB can force a harder line through the dispute mechanism. Member states share the ceiling and differ in enforcement appetite.