Cookies can be subject to the GDPR insofar as they lead to personal data is processed. In addition, other legislation applies to this, however (Directive 2002/58/EC (Recital 25 and Article 5, (3) and the transposition of this into Belgian law by Article 129 of the Act of 13 June 2005 (as amended by the Act of 10 July 2012):

Article 129.[1 Storing information or obtaining access to information that is already]1 stored in the end equipment of a subscriber or user is only allowed on the condition that:

1° in accordance with the conditions provided in the Act of 8 December 1992 on the Protection of Privacy regarding the Processing of Personal Data, the subscriber or user concerned receives clear and precise information on the purposes of the processing and on his rights based on the Act of 8 December 1992;

2° the subscriber or end user has given his consent after he has been informed in accordance with the provisions in 1°

The first paragraph does not apply to the technical storage of information or the access to information saved in the end equipment of a subscriber or an end user, the sole purposes of which are to send communication via an electronic communications network or where it is strictly essential to provide a service explicitly requested by the subscriber or end user.

The consent in the sense of the first paragraph or the application of the second paragraph does not release the controller from the obligations of the Act of 8 December 1992 on the Protection of Privacy regarding the Processing of Personal Data, which is not imposed in this Article.

The controller offers the subscribers or end users the opportunity of simply withdrawing the consent given, free of charge.

This regulation therefore prescribes that, in principle, consent is required for cookies, unless an exception as referred to in this article is concerned.

Cookies which, based on these criteria according to the Article 29 Working Party are not subject to consent (and are therefore subject to the obligation of information) are:

  • user‑input cookies (session-id) such as first‑party cookies to keep track of the user's input when filling online forms, shopping carts, etc., for the duration of a session or persistent cookies limited to a few hours in some cases
  • authentication cookies, to identify the user once he has logged in, for the duration of a session
  • user‑centric security cookies, used to detect authentication abuses, for a limited persistent duration
  • multimedia content player cookies, used to store technical data to play back video or audio content, for the duration of a session
  • load‑balancing cookies, for the duration of session
  • user‑interface customization cookies such as language or font preferences, for the duration of a session (or slightly longer)
  • third‑party social plug‑in content‑sharing cookies, for logged‑in members of a social network.

Grounds for the processing

In general, the Controller will only process personal data in the cases allowed by Article 6.1 of the GDPR, i.e.

  • based on your specific consent;
  • when this is necessary within the scope of the performance of a contract;
  • for compliance with a legal or regulatory obligation;
  • when this is necessary in order to protect the vital interests of the data subject;
  • when this is necessary for the purposes of the legitimate interests pursued by the company (e.g. preventing fraud, for internal administrative purposes, direct marketing, etc.);

Users below the age of 13 years must ask their parents or guardian for permission to be able to validly give their consent and to provide data.

For what purposes will this data be used?

In particular, the Controller processes your personal data for the following purposes (having the relevant basis):

  • to provide information regarding our services
  • to generally manage customers, including tax obligations and any loyalty programmes
  • to process requests and questions
  • to show relevant communication and advertisement/marketing messages
  • to send newsletters and special offers
  • to inform the Manager or the owner of questions and answers relating to the letting or commercialising of spaces referred to in point B
  • to protect our rights
  • to make analyses and do market research with a view to improving the service provision