NIS2 vs GDPR: fines/injunctions in Belgium to be challenged before different courts? While the Belgian legislator has gradually been entrusting one single, specialised court with highly regulatory cases (essentially regarding telecom rules, financial services rules and data protection rules), it appears for now *not* to have chosen to entrust that same court, the Belgian Market Court (part of the Brussels Court of Appeal), with cybersecurity cases based on (alleged) NIS2 infringements.
Instead, the Belgian NIS2 Act does not specify any rules on jurisdiction for appeal. In the absence of any specific provisions, it looks like decisions to be taken by the Belgian Cybersecurity Authority (the Centre for Cybersecurity Belgium) will have to be challenged before the default court for challenges to administrative decisions – the Council of State (Conseil d’Etat / Raad van State). You know, the one in charge of appeals against decisions on everything from building permits to the dismissal of municipality personnel. Probably not the most efficient approach, nor the one that gives the highest chance of a proper understanding of what a case is about.
[In my experience, the Market Court – while I don’t agree with all of its decisions – has better reflexes for these kinds of cases. Still some work to be done, but I’m hoping we can get it to that level too.]
Good thing that fines and injunctions aren’t for the immediate future, because Belgium doesn’t yet have its new government in place… but perhaps getting jurisdiction to the Market Court could be something for the new government once it comes.
Intrigued to see what the situation is in other countries – if they have a NIS2 law already, that is, given that 23 EU Member States had failed to fully implement the NIS2 Directive just two weeks ago (see https://lnkd.in/eVHWhg2K ).
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