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Latest documents

• Establishing a Business Entity in Belgium (Updated)

  I. INTRODUCTION - (i) Our law firm - & DE BANDT is a law firm with a multidisciplinary approach and a focus on complex litigation. It addresses legal issues within the European economy that are driven by digital innovation, evolving business models, climate sustainability and other significant developments. & DE BANDT's specialization covers key legal areas such as EU law, competition law, regulatory compliance, public procurement, intellectual property, technology and data protection.

• Nonarbitrability and Mandatory Rules: Brothers, Not Twins

  Notwithstanding the lack of clear legislative intent, Belgian judges have unilaterally prohibited the arbitration of exclusive distribution disputes, unless a specific Belgian pro-distributor statute was applied or unless similar substantive foreign rules were applied. However, in 2023, the Court of Cassation finally reversed its jurisprudence. Yet, the syllogism underlying this longawaited reversal remains unsatisfactory. It mistakenly equates a conflict-of-laws issue concerning mandatory rules with questions of nonarbitrability under international arbitration law. Such an overly simplistic assimilation is inappropriate in many respects. It dilutes the tailored legal standard applicable to international arbitration into a lesser question of applicable rules. It unduly prevents a subject matter from entering ratione materiae into the arbitration field. Upon closer examination, it conflates two substantively different gateways to arbitration: the nonarbitrability doctrine (Article V(2)(a) of the New York Convention) and the public policy exception (Article V(2)(b) thereof). In so doing, it needlessly erodes confidence in the arbitral process, which is based on parties’ autonomy, and violates the principles of judicial noninterference in international arbitral proceedings and of competence-competence. In essence, regardless of the pro-arbitration outcome in the case at hand, this flawed syllogism violates the New York Convention’s straightforward language and pro-arbitration ethos by potentially generating unnecessary, unforeseeable, and improper exceptions to arbitration. Originally published in the Journal of International Arbitration - October 2024.

• Establishing a Business Entity in Belgium

  I. INTRODUCTION - (i) Our law firm - & DE BANDT is a law firm with a multidisciplinary approach and a focus on complex litigation. It addresses legal issues within the European economy that are driven by digital innovation, evolving business models, climate sustainability and other significant developments. & DE BANDT's specialization covers key legal areas such as EU law, competition law, regulatory compliance, public procurement, intellectual property, technology and data protection.

• New franchise law in Belgium – how should your template franchise agreement change?

  Belgium has recently implemented a new law which will have direct implications on B2B relationships, in order to address abuse of economic dependence, unfair contractual terms and unfair practices. The aim of the new legislation is to balance the position of the contracting parties, with direct application to franchise agreements.

• New insights of the Belgian Data Protection Authority on cybersecurity and the role of the DPO

  In a recent judgment of April 26, 2021, the Belgian Data Protection Authority (“DPA”) fined a financial institution (the “Company”) €100,000 for – amongst other things – failure to provide an adequate level of cybersecurity.

• The DPO and conflicts of interest: What (management) functions are compatible with the DPO?

  In a decision of April 28, 2020, the Belgian Data Protection Authority (DPA) imposed a fine of €50,000  in a case where a data protection officer (DPO) also performed an incompatible function.

• Focus falls on corporate vigilance and accountability in Belgium

  Lawmakers push for a framework for mandatory value chain due diligence. On 2 April 2021, a legislative proposal entitled “Proposition de loi instaurant un devoir de vigilance et un devoir de responsabilité à charge des entreprises tout au long de leurs chaînes de valeur” or “Wetsvoorstel houdende de instelling van een zorg- en verantwoordingsplicht voor de ondernemingen, over hun hele waardeketen heen” was introduced by members of various political parties before the Belgian Chamber of Representatives (the Belgian Vigilance Proposal). The Chamber of Representatives voted in favour of considering this legislative proposal on 22 April 2021, a few weeks ahead of the 10th anniversary of the unanimous endorsement by the United Nations Human Rights Council of the United Nations Guiding Principles on Business and Human Rights (UNGPs).

• COVID-19 - Tax cut for landlords who cancel rent of tenants forced out of business

  More than a year into the pandemic, some businesses still have to stay closed because of COVID-19 lockdown measures. Their source of income has dried up, but significant monthly costs, such as rent for business premises, continue to be incurred during the mandatory closure period.

• Dentons COVID-19 Retail Tracker - Belgium

  Status – Has any special status been introduced? This overview includes the COVID-19 federal measures implemented in Belgium. Please note that regions, provinces and municipalities can apply additional measures.

• Belgian FSMA publishes final FAQs regarding advertisements for investment instruments

  On 1 April 2021, the FSMA published a communication containing its final version of the Frequently Asked Questions (FAQs) on the requirements applicable to advertisements for investment instruments when they are offered to the public, admitted to trading or distributed to retail clients. Visit the following links for the Dutch and French versions of the FAQs. The English version is currently unavailable. Please see full Publication below for more information.

Featured documents

• Brussels Regulation Reforms: Key changes and their implications

  The European Economic and Monetary Affairs Council has approved amendments to the Brussels Regulation (EC Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters). The key changes, which are expected to apply from early 2015, are...

• Introduction of a Unified Status for "Manual" and "Intellectual" Workers in Belgium

  Historically, there has been a distinction in Belgian labor law between blue-collar workers and the white-collar workers based on whether they performed manual or intellectual labor (articles 2 and 3 of the Act of 3 July 1978 on employment contracts (Wet van 3 juli 1978 betreffende de...

• A New Category of Debt Securities in Belgium: Senior Non-Preferred Notes

  On July 20, 2017, Belgium adopted legislation establishing a new category of debt securities available to credit institutions and investment firms ("banking institutions"). The law provides for a new Article 389/1 into the Law of April 25, 2014, on the status and supervision of credit institutions (...

• Belgium: Nonprofit Associations and Foundations — The Ultimate Beneficial Owner Register Effective 31 October 2018

  Are you a member of the board of directors of a nonprofit association or a foundation? Are you entitled to represent one? Or do you perhaps exercise control or are you affiliated in any other way? Be aware that, from 31 October onward, you might have to register certain data to the General Treasury ...

• Another Shot Across the Bows: EC Levies $32 Million Gun-Jumping Fine on Canon

  As the time taken to secure merger control clearances for global transactions lengthens, the parties and their advisers may be tempted to explore alternative deal structures that might allow a transaction to close sooner than otherwise expected. In a stark reminder to industry that it will not...

• New guidelines on the processing of personal data for direct marketing purposes

  Every day, direct marketing communications are addressed to billions of people who are targeted as a result of the processing of their personal data. Against this background, the Belgian Data Protection Authority (the BDPA) has published guidelines on the rules regarding the processing of...

• COVID-19: Electronic Conclusion of Contracts and E-Signatures in Belgium

  Concluding contracts and getting documents executed in a timely and correct manner often presents some practical difficulties. Coronavirus (COVID-19) measures, including postal service delays, provide businesses with an extra challenge in order to get agreements and other documents executed....

• Belgium: Q&A - Employer COVID-19 Vaccination Policies

  We asked our member firms around the globe to provide some insight on employer and employee rights when it comes to requiring the COVID-19 vaccine to return to work. Gaël Chuffart of CMS Belgium shares his views for Belgium....

• Brussels Court of Appeal Rules that Legal Professional Privilege Applies to In-house Counsel

  On 5 March 2013, the Brussels Court of Appeal delivered a judgment finding that, under Belgian law, in-house counsel are covered by legal professional privilege (LPP). In relation to antitrust investigations, the ruling highlights that LPP in the European Union depends on, not just local rules,...

• Facebook Sentenced to a Daily Fine of 250,000 Euros by a Belgian Court

  Once again, Facebook is in the spotlight. On November 9, following the Recommendation 04/2015 of May 13, 2015, issued by the Belgian Data Protection Authority (Belgian DPA) that we mentioned in a previous blog post, a Belgian court sentenced Facebook, under high penalties, to stop profiling data...