Belgium: Opened DPA investigation into the transfer of tax data from Belgium to US under Foreign Account Tax Compliance Act compliance with GDPR

On 5 October 2021, the Belgian Data Protection Authority (DPA) Litigation Chamber opened an investigation into the transfer of tax data from Belgium to the United States under the Foreign Account Tax Compliance Act (FATCA) compliance with the General Data Protection Regulation (GDPR). The investigation was opened following the registration of a complaint submitted on 9 July 2021. The plaintiffs filed a complaint against Federal Public Service Finance (SPF Finance), alleging that the SPF unlawfully transferred personal data and accidental Belgian-Americans to the US. Under FATCA, national financial institutions are required to transmit personal data, including tax data, to the tax authority FPS Finance, which transfers it to the US Internal Revenue Service, for the purpose of combating tax fraud.