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Belgium

Kingdom of Belgium

Civil lawFederal parliamentary constitutional monarchyReviewed· 2026-08-02
Capital
Brussels
Population
11,800,000
Languages
Dutch, French
Currency
EUR

Belgium · Rights

Rights in Belgium

What the atlas records on rights in Belgium, checked against the primary sources cited below.

Rights

GDPR applied through the 2018 framework act and a Litigation Chamber

Reviewed· 2026-08-02

The GDPR applies directly, with the Act of 30 July 2018 filling in the margins the Regulation leaves to member states. The Data Protection Authority replaced the former Privacy Commission in 2018 and, unlike its predecessor, has a Litigation Chamber able to issue binding orders and fines.

Key rules

  • Children can consent to information-society services from the age of 13 in Belgium.
  • Public-sector bodies are largely exempt from administrative fines, which are instead directed at private controllers.
  • Federal public authorities must appoint a data protection officer.
  • Personal data breaches must be notified to the authority within 72 hours where the risk threshold is met.

Governing law

  • General Data Protection Regulation (Regulation (EU) 2016/679)
  • Act on the protection of natural persons with regard to the processing of personal data (30 July 2018)
  • Act establishing the Data Protection Authority (3 December 2017)

Penalties and consequences

  • Administrative fines up to EUR 20 million or 4% of worldwide annual turnover, whichever is higher
  • Orders to bring processing into compliance, suspend transfers or erase data

In practice

Complaints must be in writing and in one of the national languages; the Litigation Chamber first tests admissibility and often closes cases through a settlement or a reprimand rather than a fine. A separate civil claim for damages goes to the ordinary courts, not the authority.

Sources

Rights

One of the oldest constitutions in force, reshaped into a federation

Reviewed· 2026-08-02

The Constitution of 7 February 1831 still governs, but six state reforms since 1970 turned a unitary kingdom into a federation of Regions and Communities, and the text was renumbered in a coordinated version in 1994. Federal statutes, regional decrees and community decrees hold equal rank within their own competences.

Key rules

  • There is no general federal supremacy clause: the Constitutional Court resolves competence disputes between the six legislators.
  • Revision requires a declaration of the articles open to revision, dissolution of both chambers, then a two-thirds majority with a two-thirds quorum in each.
  • The King's every act requires a countersigning minister, who bears the political responsibility.
  • Directly effective EU law and ratified treaties take precedence over conflicting domestic law.

Governing law

  • Constitution of Belgium (7 February 1831)Coordinated text of 17 February 1994
  • Special Act on the Constitutional Court (6 January 1989)Procedure for annulment actions and preliminary questions
  • Special Act on Institutional Reform (8 August 1980)Allocation of competences to Regions and Communities

In practice

There is no individual constitutional complaint. A citizen reaches the Constitutional Court either by an annulment action within six months of publication, which requires a personal and direct interest, or indirectly by persuading the trial court to refer a preliminary question.

Sources

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