File a data protection complaint in Belgium
If an organisation ignores your GDPR rights — refusing access to your data, failing to erase it, or processing without a lawful basis — you can complain to the Belgian Data Protection Authority. Its Litigation Chamber can order compliance and impose fines. The procedure is free.
- Timeline
- Several months; admissibility is decided first, then the substance
- Cost
- Free
- Steps
- 8 stages
Deadline — read this first
No fixed limitation period, but delay weakens a case. First exercise the right directly against the organisation: the controller has one month to reply, extendable by two months for complex requests. Complain once that month passes without an adequate answer.
Who can file
Any person whose personal data is processed, where the controller is established in Belgium or the processing affects people in Belgium. A representative body may complain on your behalf.
Step by step
- 1
Exercise your right against the organisation first
Write to the controller or its data protection officer, identifying yourself and stating which right you invoke — access, rectification, erasure, restriction, portability or objection. Keep proof of sending; registered post or email with confirmation is best.
- 2
Wait for the statutory reply period
The controller must respond within one month. It may extend by two further months for complex requests but must tell you so within the first month. Silence is itself a breach you can complain about.
- 3
Decide between mediation and a formal complaint
The authority's Frontline Service can attempt informal resolution, which is quicker. A formal complaint to the Litigation Chamber is the route to a binding order or a fine. You can start with the former and escalate.
- 4
Draft the complaint
State the facts, the organisation involved, which GDPR provisions you say were breached, and the outcome sought. It must be in writing, signed, and in Dutch, French or German. Complaints in another language are inadmissible.
- 5
Submit it to the Data Protection Authority
File online, by post or in person in Brussels. Attach your original request to the organisation, their reply or proof of silence, and any supporting correspondence.
- 6
Admissibility screening
The Litigation Chamber first checks the complaint is complete, in the right language and within its competence. Incomplete complaints are declared inadmissible without examining the merits, so answer any request for further information promptly.
- 7
Investigation and decision
The Chamber may seek the organisation's observations, refer the file to the Inspection Service, hold a hearing, then decide. Outcomes range from dismissal or a reprimand to an order to comply, an order to erase data, or an administrative fine.
- 8
Appeal or claim damages
A decision of the Litigation Chamber can be appealed to the Market Court, a section of the Brussels Court of Appeal, within thirty days. Compensation is not awarded by the authority: that requires a separate civil claim before the ordinary courts.
Documents you must produce
- Proof of identity
- A copy of the request sent to the organisation, with proof of dispatch
- The organisation's response, or evidence the reply period passed in silence
- A clear description of the processing complained of and the provisions relied on
- Any supporting correspondence, screenshots or contracts
Common mistakes that sink cases
- Complaining before asking the organisation directly. The authority normally expects you to have exercised your right first.
- Writing in a language other than Dutch, French or German, which makes the complaint inadmissible.
- Expecting compensation. The authority can order compliance and fine the organisation, but damages must be claimed separately in the civil courts.
- Complaining about a public authority and expecting a fine: Belgian law largely exempts public-sector bodies from administrative fines.
- Missing the thirty-day window to appeal to the Market Court.
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