7° any controller, his representative in Belgium, appointee or agent who starts, manages,
continues to manage or terminates an automatic processing operation of personal data
without compliance with the requirements of Article 17;
8° any controller, his representative in Belgium, appointee or agent who communicates
incomplete or inaccurate information in the notifications prescribed in Article 17;
9° [cancelled]
10° any controller, his representative in Belgium, appointee or agent who, in violation of Article
19, refuses to communicate to the Commission the information relating to the non-automatic
processing of personal data that are contained in a filing system or that are intended to be
contained therein;
11° [cancelled]
12° any person who transfers personal data, brings about or permits such transfer to a
country outside the European Community that has been entered on the list referred to in
Article 21 § 2 in violation of the requirements of Article 22;
13° any person who prevents the Commission, its members or the experts who have been
deployed by it from making the verifications referred to in Article 32.
Article 40
Upon conviction for any of the offences defined in the Articles 38 or 39 the court may order
that the judgement shall be published in full or by excerpt in one or more newspapers under
the conditions as determined by it and at the expenses of the convict.
Article 41
§ 1. Upon conviction for any of the offences defined in Article 39 the judge may pronounce the
confiscation of the carriers of personal data to which the offence relates, such as manual filing
systems, magnetic discs or tapes, except for the computers or any other equipment, or order
the erasure of such data.
The confiscation or erasure may be ordered also if the carriers of personal data do not belong
to the convict.
Article 8 § 1 of the law of June 29, 1964 on the suspension of penal sentences, the
postponement of their execution and the probation shall apply neither to the confiscation, nor
to the erasure ordered in accordance with the first and second section.
The items confiscated shall be destroyed after the decision has become final.
§ 2. Without prejudice to the interdictions laid down in particular provisions the tribunal may
upon conviction for an offence defined in Article 39 pronounce the interdiction to manage any
processing of personal data, directly or through an agent, for a period up to two years.
§ 3. Any offence to the prohibition laid down in § 2 or any recidivism relating to an offence laid
down in the Articles 37, 38 and 39 shall be punished with an imprisonment of three months to
two years and with a fine of one hundred to one hundred thousand francs or with only one of
these punishments.
Article 42
The controller or his representative in Belgium shall be liable civilly for the payment of the
fines incurred by his appointee or agent.
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