Is Using a VPN Legal in Belgium After the 2026 Framework Overhaul?

Yes, Using a VPN is legal in Belgium, provided it complies with national and EU cybersecurity laws. Belgian authorities permit VPNs for privacy and security, but misuse—such as circumventing geo-blocks for illegal content—violates existing regulations. The 2026 Digital Services Act (DSA) and Belgian Data Protection Authority (APD/GBA) oversight reinforce compliance requirements for data handling.


Key Regulations for Using a VPN in Belgium

  • Data Retention Compliance: VPN providers must adhere to Belgium’s transposition of the EU’s 2026 Electronic Communications Code, mandating 6-year data retention for law enforcement access under strict judicial oversight.
  • Prohibition of Illegal Activities: Circumventing geo-restrictions to access copyrighted or illicit material (e.g., pirated streams) violates Belgian copyright law (Wet van 30 juni 1994) and may trigger penalties under the 2024 Digital Services Act enforcement.
  • Transparency Obligations: VPN services operating in Belgium must register with the Belgian Privacy Commission (APD/GBA) and disclose logging policies, per GDPR Article 30 and the 2025 Belgian Privacy Act amendments.

Critical Considerations:

  • Corporate Use: Businesses deploying VPNs for remote work must align with the 2025 Belgian Cybersecurity Act, requiring NIS2-compliant risk assessments for critical infrastructure sectors.
  • Jurisdictional Risks: Non-EU VPN providers must designate a Belgian representative under the 2026 DSA to ensure local accountability for user data breaches.
  • Enforcement: The Federal Computer Crime Unit (FCCU) actively monitors VPN misuse, with 2024 cases targeting darknet-related VPN services under Belgian Penal Code Article 550ter.