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Wednesday, July 22, 2026

ECJ ruling on data subject access requests: Some welcome relief for European employers, or not quite yet? (Part II) - Employment Law Worldview

By: Marga Caproni, Chelsea Gunning, Lisa Shannon, Annette Demmel, Marmare Barekati, Malgorzata Grzelak, Floriane Essling and Marion Cavalier

Following on from our blog earlier in the week concerning the ECJ’s recent decision on data subject access requests (DSARs), we take a brief look at different European countries and the role that DSARs have come to play in these jurisdictions.

Belgium

In Belgium, DSARs are on the rise as a means of collecting information in preparation for a potential claim for unreasonable or discriminatory termination, or simply to put pressure on the employer to come to an agreement after termination, but this trend remains fairly modest and employers are certainly not being flooded with requests.

The Belgian Data Protection Authority has already had to rule on the excessive nature of (successive) requests, but it is generally quite accepting in this regard. Conversely, it is strict on employers: a request may be deemed excessive only if the aim is to harm the employer’s interests. The mere multitude of requests or the conflictual relationship between employer and (former) employee is not sufficient to refuse a request.

France

In France, DSARs have also been on the rise as a means of collecting information in all types of litigation started by employees and/or as a strategy to put pressure on the employer in various types of conflict. It has become so systematic and the scope of the DSARs so broad that privacy specialists, especially in-house...



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