PROCESSING OF PERSONAL DATA AND PROTECTION OF PRIVACY
The applicable law is the act of 8 December 1992 on the protection of privacy with regard to the processing of personal data and in particular
Articles 6 and 9, which read as follows:
Article 6. {L 1998-12-11/54, Article 9, 004; in force: 01-09-2001} – Read the article on ejustice.just.fgov.be
§ 1. The processing of personal data that reveal racial or ethnic origin, political opinions, religious or philosophical convictions or trade union membership and the processing of data relative to sexual life is forbidden.
§ 2. The ban on processing personal data referred to in § 1 of this article does not apply in the following cases:
a) when the person concerned has consented to such processing in writing, provided that this consent may be withdrawn by the person concerned at any time; the King can determine, by means of a decree deliberated in the Council of Ministers after an opinion from the Privacy Commission, in which cases the ban on processing data referred to in this article cannot be lifted by the written consent of the person concerned;
b) when the processing is necessary to fulfil the specific obligations and rights of the person in charge of processing in matters of labour law;
c) when the processing is necessary to defend the vital interests of the person concerned or another person if the person concerned is physically or legally incapable of giving his consent;
d) when the processing is carried out as part of the lawful activities of a foundation, an association or any other non-profit organisation with a political, philosophical, religious, mutualist or trade union aim, provided that the processing relates only to members of this organisation or persons maintaining regular contacts with it linked to its aim and that the data are not passed on to third parties without the consent of the persons concerned;
e) when the processing relates to data that have clearly been publicly disclosed by the person concerned;
f) when the processing is necessary for the ascertainment, exercising or defence of a right before the courts;
g) when the processing is necessary for scientific research and carried out under conditions determined by the King, by means of a decree deliberated in the Council of Ministers after an opinion from the Privacy Commission;
h) when the processing is necessary to achieve an aim set by or pursuant to the law with a view to the application of social security;
i) when the processing is carried out in fulfilment of the act of 4 July 1962 on public statistics;
j) when the processing is necessary for the purposes of preventive medicine, medical diagnostics, the administration of care or the treatment either of the person concerned, or of a relative, or the management of health services in the interest of the person concerned and the processing is carried out under the supervision of a health-care professional;
k) when the processing is carried out by associations with a legal personality or by establishments of public utility whose main social purpose is the defence and promotion of human rights and basic freedoms, with a view to achieving this object, provided that this processing is authorised by the King, by means of a decree deliberated in the Council of Ministers after an opinion from the Privacy Commission;
l) when the processing of private data referred to in § 1 is permitted by an act, a decree or an order for another important reason of public interest. In the case referred to in j), the health-care professional and his staff or authorised representatives are bound by confidentiality.
§ 3. Without prejudice to the application of Articles 7 and 8 of this act, the processing of private data concerning sexual life is authorised when the processing is carried out by an association with a legal personality or an establishment of public utility whose main statutory purpose is the evaluation, guidance and treatment of persons whose sexual behaviour may be described as an offence and which is approved and subsidised by the competent authority with a view to achieving this aim; this processing, which must be intended for the evaluation, guidance and treatment of the persons referred to in this paragraph and which may only concern personal data which, insofar as they relate to sexual life, concern the persons referred to in this paragraph, are subject to individual special authorisation granted by the King, in a royal decree deliberated in the Council of Ministers after an opinion from the Privacy Commission. The decree referred to in this paragraph states the period of validity of the authorisation, the terms of monitoring of the association or the establishment by the competent authority and the way in which this authority will inform the Privacy Commission of the processing of personal data carried out in the context of the authorisation granted.
§ 4. The King determines, by means of a decree deliberated in the Council of Ministers after an opinion from the Privacy Commission, the special conditions to be met by the processing of personal data referred to in this article.
Article 9. {L 1998-12-11/54, art. 13, 004; in force: 01-09-2001} – Read the article on ejustice.just.fgov.be
§ 1. The person in charge of the processing or his representative must provide the person concerned from whom he obtains the data concerning him, at the latest at the time when these data are obtained, at least with the information listed below, unless the person concerned has already been informed of this:
a) the name and address of the person in charge of processing and, if appropriate, his representative;
b) the purposes of the processing;
c) the existence of a right to object, upon request and free of charge, to the processing of personal data concerning him intended for the purpose of direct marketing;
d) other additional information, in particular:
the recipients and categories of recipients of the data,
the mandatory or non-mandatory nature of the response and any consequences of failing to respond,
the existence of a right to access and correct data concerning him; except to the extent that, bearing in mind special circumstances in which the data are obtained,
this additional information is not necessary to ensure fair processing of the data with respect to the person concerned;
e) other information determined by the King, depending on the specific nature of the processing, after an opinion from the Privacy Commission.
§ 2. When the data have not been obtained from the person concerned, the person in charge of processing or his representative must, upon registration of the data or, if there are plans to forward the data to a third party, at the latest when the data are first forwarded, provide the person concerned at least with the information listed below, unless the person concerned has already been informed of this:
a) the name and address of the person in charge of processing and, if appropriate, his representative;
b) the purposes of the processing;
c) the existence of a right to object, upon request and free of charge, to the processing of personal data concerning him intended for the purpose of direct marketing; in this case, the person concerned must be informed before the personal data are first forwarded to third parties or used on behalf of the third parties for the purpose of direct marketing;
d) other additional information, in particular:
the categories of data concerned;
the recipients or the categories of recipients;
the existence of a right to access and correct the data concerning him;
except to the extent that, bearing mind special circumstances in which the data are processed, this additional information is not necessary to ensure fair processing of the data with regard to the person concerned;
e) other information determined by the King, depending on the specific nature of the processing, after an opinion from the Privacy Commission. The person in charge of processing is released from the obligation to provide the information referred to in this paragraph:
a) when, in particular for processing for the purpose of statistics or historical or scientific research or for screening motivated by the protection and promotion of public health, informing the person concerned proves to be impossible or involves disproportionate effort;
b) when personal data is recorded or passed on with a view to the application of a provision stipulated by or pursuant to an act, a decree or an order. The King determines, by means of a decree deliberated in the Council of Ministers after an opinion from the Privacy Commission, the conditions for the application of the previous paragraph. When the data has been passed on for the first time before the entry into force of this provision, the information must be passed on, by derogation to section 1, at the latest within a period of three years following the entry into force of this provision. This information does not, however, have to be provided if the person in charge of processing was exempted from the obligation to inform the person concerned of the recording of the data pursuant to legal and statutory provisions in force on the day before the entry into force of this provision.
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THE USE OF GOOGLE ANALYTICS
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THE USE OF SHARING TOOLS
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PERSONALLY IDENTIFIABLE INFORMATION
The data collected will be only those intended to ensure the fulfilment of an order requested by the client. These personal data are filed for the period of time required by the accounting and tax obligations, which is currently seven years. The client can consult his data on the website and, if necessary, correct data concerning him.