• JD Supra Belgium

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  • Combating economic abuse in a franchise agreement (Belgian B2B law)

    Business to business (“B2B”) agreements are often characterized by an economic imbalance between the parties, particularly in the franchise sector where the franchisor is (seen to) impose contractual clauses that are contrary to normal market practices.

  • Introduction of a pre-pack insolvency procedure in Belgium

    On Friday, 26 March 2021, the Belgian Insolvency Law was amended with the introduction of a pre-packaged insolvency procedure, allowing the debtor to discretely prepare for judicial reorganisation proceedings under the supervision of a judicial administrator. Other noteworthy changes include (i) a lower threshold for the opening of judicial reorganisation proceedings, and (ii) the more flexible appointment of judicial administrators.

  • Dentons COVID-19 Retail Tracker - Belguim

    This overview includes the COVID-19 federal measures implemented in Belgium. Please note that regions, provinces and municipalities can apply additional measures.
 Please see below for more information.

  • Basic banking service for undertakings - basic or baffling

    In November 2020, the right for undertakings to a basic banking service was introduced into the Belgian Code of Economic Law. The adoption of this law follows more than 17 years after the adoption of the law of 24 March 2003 introducing the right for consumers to a basic banking service. As a result, not only consumers but also certain professionals are now guaranteed several financial services, including the right to open a payment account, to deposit and withdraw cash, and to execute payment transactions.
 Please see full Publication below for more information.

  • Cease and desist claims: a new way to curb data protection breaches by your competitors?

    By bringing a cease and desist claim for unfair market practices, companies may have an important weapon at their disposal to teach a competitor that does not play by the rules a lesson in privacy, as shown by a Belgian judgment of November 4, 2019.

  • New European Union (“EU”) approach to unilateral sanctions with extra-territorial effect

    Most commonly, sanctions and other restrictive measures apply only to persons and entities within the jurisdiction of the issuing country. However, the so-called United States (“U.S.”) “secondary” sanctions have a much wider scope of application in that they have a significant constraining effect on all persons and entities regardless of the location, place of incorporation or national identity.

  • Looking ahead: What can 2021 bring for screening foreign direct investments in Belgium?

    Belgium has not yet adopted a formal FDI screening mechanism to implement the EU FDI Regulation, but the debate on how to protect certain critical industries remains very relevant, as becomes clear upon assessing the 16 December 2020 proposal for a directive on the resilience of critical entities. In this contribution, we will take a fresh look at the FDI screening mechanism designated in the FDI Regulation, and look ahead at what this may bring for Belgium in 2021.
 Please see full Publication below for more information.

  • 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.

  • Belgian Advertisements Guidance - FSMA launches a consultation on its draft Q&As relating to advertisements for investment instruments

    On 23 November 2020, the Belgian FSMA launched a consultation on its draft Q&As regarding the requirements applicable to advertisements for investment instruments (the Draft Q&As).The Draft Q&As aim to ensure compliance with the substantive requirements on advertisements by providing clear guidance and clarification on good practices.

  • The P2B Regulation - New EU Rules for Platform Providers

    On July 12, 2020, the EU Platform to Business Regulation 2019/1150 (“P2B Regulation”) entered into force, promoting fairness and transparency for business users of online platforms, such as Airbnb, Amazon, Google, Facebook, etc. According to a recent European Commission study, 46% of all business users experience problems with online platforms in the course of their business relationships, with an impact on the EU economy in the range of €2 billion to €19.5 billion a year. The primary purpose of the P2B Regulation is to ensure the fair and transparent treatment of business users by online platforms, giving them:

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