IMPORTANT: The full content of this page is available to premium users only.
On May 24, 2023, the Belgian Data Protection Authority (BDPA) declared unlawful and prohibits the transfers of personal data of Belgian “Accidental Americans” by the Belgian Federal Public Service Finance (BFPS) to the United States tax authorities pursuant to the Foreign Account Tax Compliance Act (FATCA) Intergovernmental Agreement (IGA). [1] The BDPA has ruled that the processing done under this agreement does not comply with all the principles of the General Data Protection Regulation (GDPR), including the rules on data transfers outside the EU. The ruling also asks the BFPS to advise the competent Belgian legislator of the defects identified by the BDPA.[2]
[2] Belgian Data Protection Authority, Belgian DPA prohibits the transfer of tax data of Belgian “Accidental Americans” to the USA https://www.dataprotectionauthority.be/belgian-dpa-prohibits-the-transfer-of-tax-data-of-belgian-accidental-americans-to-the-usa.