Belgium: Data Protection Authority opened consultation on updated Recommendation (01/2020) on direct marketing including data protection regulations

On 10 March 2025, the Data Protection Authority (APD) initiated a public consultation on the updated Recommendation 01/2025 on direct marketing until 10 May 2025. The update is based on Recommendation 01/2020 and takes into account developments in case law, regulatory decisions, and guidance from the European Data Protection Board (EDPB). The revised Recommendation defines terms related to direct marketing, describes the legal basis for processing prospective customer data under the legitimate interest framework, and outlines data retention guidelines in accordance with the GDPR. It also specifies requirements for responding to data subject rights requests, including transparency obligations and procedural aspects for access, rectification, and erasure. Furthermore, the Recommendation describes the responsibilities of data controllers and processors, requiring them to ensure lawful data processing, proper documentation of legal bases, and compliance with security measures. The Recommendation outlines provisions on the rights of individuals, including the right to object to direct marketing, access personal data, and request rectification or erasure. In addition, it sets out rules on data minimisation, retention limits and automated decision making in marketing, in line with the GDPR and consumer protection laws.