Digital Law Up(to)date: A new legislative episode in the Belgian Covid Safe Ticket saga

A few weeks ago, we presented the opinion of the Belgian Data Protection Authority on two cooperation agreements (one legislative and one implementing) on the Covid Safe Ticket (CST) (see here). These agreements have been definitively adopted on 27 September and published in the Belgian Gazette on 1 October (see here and here). It was up to the federated entities to implement these agreements on their territory.

Since then, two developments are worth mentioning:

1. The implementing cooperation agreement of 27 September 2021 has already been replaced by a new one, adopted and published on 15 October 2021 (see here). Taking up most of the terms of the agreement of 27 September, the new agreement extends the CST to foreigners residing in Belgium but not belonging to an EU country or a country whose Covid certificates are recognised by the EU.
2. The Common Community Commission (COCOM) adopted an ordinance (on 14 October) and an order (on 15 October) to implement the CST on the Brussels territory. This texts set out the concrete conditions for the application of the CST (when is it used? in which places? from how many people? etc.) and the legal basis for the processing of personal data during its use.

This article was co-authored by Edouard Cruysmans in his capacity of Professional Support Lawyer at Stibbe.