AI Legislative Guide |
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Belgium |
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(Europe)
Firm
Liedekerke
Contributors
Sarah van den Brande |
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| Has specific legislation, final regulations or other formal regulatory guidance addressing the use of AI in your jurisdiction been implemented (vs reliance on existing legislation around IP, cyber, data privacy, etc.)? | Yes. |
| Please provide a short summary of the legislation/regulations/guidance and explain how legislators aim to strike the balance between innovation and regulation. | The AI Act (Regulation (EU) 2024/1689) is applicable at the EU level. No local legislation has been implemented. With respect to regulatory guidance, the Belgian Data Protection Authority issued two brochures on the following topics:
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| Which agency regulates the use of AI in your jurisdiction? | There is currently no agency or authority in charge of AI matters in Belgium. In their Joint Opinion 5/2021 of 18 June 2021, the European Data Protection Board ("EDPB") and the European Data Protection Supervisor ("EDPS") consider that data protection authorities should be designated as national supervisory authorities pursuant to Article 59 of the Proposal for an EU AI Act (Article 70 of the current draft). Consequently, it is possible that the Belgian Data Protection Authority (https://www.autoriteprotectiondonnees.be/professionnel) would be designated as the competent authority for the purpose of the EU AI Act. However, to the best of our knowledge, no official information (confirmation or otherwise) has been issued in this regard. This will therefore need to be confirmed in the future. |
AI Legislative Guide
Yes.
The AI Act (Regulation (EU) 2024/1689) is applicable at the EU level. No local legislation has been implemented.
With respect to regulatory guidance, the Belgian Data Protection Authority issued two brochures on the following topics:
- “Artificial Intelligence Systems and the GDPR - A Data Protection Perspective”, December 2024, available at https://www.autoriteprotectiondonnees.be/citoyen/themes/intelligence-artificielle-). This brochure outlines the interplay between artificial intelligence and Regulation 2016/679 ("GDPR"). Its aim is to clarify the GDPR requirements applicable to AI systems that process personal data, providing stakeholders involved in the development, implementation, and internal governance of AI technologies with guidance and practical insights.
Key points include an examination of data protection principles, outlining the core GDPR requirements applicable to AI systems (e.g., lawfulness, fairness, transparency, purpose limitation, data minimization) and the protection of data subjects' rights. The brochure also emphasizes the importance of security, highlighting the need to implement robust technical and organizational measures to protect personal data processed by AI technologies. In addition, it highlights the critical role of human oversight in both the development and operation of AI systems, particularly those that are considered to be high-risk. -
"The Impact of Artificial Intelligence on Privacy", April 2026, (available at https://www.autoriteprotectiondonnees.be/publications/the-impact-of-artificial-intelligence-on-privacy.pdf). This brochure aims to help individuals understand how AI systems may affect their privacy and the protection of their personal data. It provides practical recommendations to help people maintain control over their personal data amid the growing use of AI, such as properly managing application and device permissions, being careful when sharing sensitive information, and regularly updating software and firmware to mitigate security risks.
Furthermore, the Knowledge Centre Data & Society is a central hub supported by the Flemish Government that monitors the social impact of AI and data in Flanders and supports organisations in this field. The Knowledge Centre regularly issues publications on AI. For instance, on 19 November 2025, it published Practical Guidance on AI Literacy (available in Dutch at https://data-en-maatschappij.ai/en/tools/in-7-stappen-naar-ai-geletterdheid-in-jouw-organisatie-wegwijzer-ai-geletterdheid-en-ai-competenties).
There is currently no agency or authority in charge of AI matters in Belgium.
In their Joint Opinion 5/2021 of 18 June 2021, the European Data Protection Board ("EDPB") and the European Data Protection Supervisor ("EDPS") consider that data protection authorities should be designated as national supervisory authorities pursuant to Article 59 of the Proposal for an EU AI Act (Article 70 of the current draft).
Consequently, it is possible that the Belgian Data Protection Authority (https://www.autoriteprotectiondonnees.be/professionnel) would be designated as the competent authority for the purpose of the EU AI Act. However, to the best of our knowledge, no official information (confirmation or otherwise) has been issued in this regard. This will therefore need to be confirmed in the future.