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Law / Belgium

Code de Droit Économique Article XVII.37, 10 degrees/1, Collective Redress for GDPR Claims

Code de droit economique Art. XVII.37, 10 degrees/1, as inserted by the Loi du 30 juillet 2018 portant dispositions diverses en matiere d'Economie (numac 2018031589), Art. 43

A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.

What follows is LexLint's own research summary of this law, not legal advice.

In force since 25 May 2018.

An enforcement supervision rule binding private bodies.

As of 2 September 2026.

What it requires

  • Expect a qualified Belgian consumer entity to be able to bring a collective redress action under Code de droit economique Book XVII, Title 2 on behalf of a group of Belgian data subjects for a General Data Protection Regulation (GDPR) breach, in addition to any individual Article 82 claim.

If you get it wrong

Criminal exposureNo

Private right of actionYes

Who enforces it

Enforcement body

Belgian courts, not a regulator: a Code de droit economique Book XVII collective redress action is a civil judicial procedure, not an administrative one, and the GBA/APD is not a party to or decision-maker in it. Before the Book's 2024 restructuring (Act of 21 April 2024, transposing EU Directive 2020/1828 on representative actions), a collective redress action had to be filed exclusively with the Brussels courts (tribunal de l'entreprise francophone de Bruxelles or the Nederlandstalige Ondernemingsrechtbank Brussel). Whether that Brussels-exclusive venue survived the 2024 restructuring could not be confirmed today: ejustice.just.fgov.be returned a JavaScript wall on every URL pattern tried (eli/justel, cgi_loi/change_lg.pl, the mopdf PDF, and cgi/article_body.pl), at both the compliant and the stealth browser crawler tier.

What it reaches

Obligation class

Data subject rights

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

General Data Protection Regulation (GDPR) Article 82 arms an individual data subject to claim damages directly.

Belgium separately added the GDPR to the Code of Economic Law's collective redress action, Book XVII, Title 2: Article 43(a) of the Act of 30 July 2018 on various economic provisions, read verbatim, inserted point 10 degrees/1 naming Regulation (EU) 2016/679 into Article XVII.37's list of instruments whose breach can found a collective redress action, and Article 104 of the same act gives that insertion retroactive effect from 25 May 2018.

Article XVII.37's complete current list is not independently confirmed, because the Code's own consolidated text truncates before Book XVII, so confidence is high on the GDPR's inclusion and low on the article's present overall shape.

When LexLint raises it

  • crawls_web
  • trains_models
  • deploys_chatbot
  • processes_biometrics
  • processes_voice

Read the law

Act of 30 July 2018 on various economic provisions, Arts. 43, 104 (verbatim)

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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