JD Supra Belgium

Publisher

Law Firm

Latest documents

• 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.

• ‘Privacy Rulings': legal certainty for your business?

  While the Belgian Data Protection Authority (“DPA”) is becoming increasingly active in adjudicating GDPR claims and releasing opinions and recommendations, companies are still finding it difficult to implement the complexities of the GDPR in their businesses.

• 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.

Featured documents

• Belgian Constitutional Court decides to annul provisions on administrative loop

  Article 4.8.4 of the Flemish Urban Planning Code allowed the Council for Permit Disputes (Raad voor Vergunningsbetwistingen) (ie the Flemish administrative court competent to rule on appeals against urban planning permits) to apply a so-called 'administrative loop' (bestuurlijke lus). By applying...

• Belgian FSMA Consultation On Marketing Materials For Financial Products Distributed To Non-Professional Clients – July 2015 Update

  The Belgian FSMA has launched a consultation on the new rules on marketing materials for financial products distributed to retail clients, introduced by the Transversal Royal Decree....

• The Great Brexit Debate - Belgium - View from other parts of the World

  What does the business community in Brussels think about the UK's EU referendum? Mixed feelings. One the one hand, many believe that the very idea of this referendum is a wake up call for Brussels bureaucracy and its weak leadership. On the other hand, many are concerned with possible...

• Ten things to consider when you do a leveraged finance deal in Belgium

  European Leveraged Finance Alert Series: Issue 7 - With the leveraged finance market staying hot, an increasing number of international sponsors are making acquisitions in Belgium, and upcoming changes in the law will make taking security over Belgian assets even easier. Here are ten things to...

• New Legislation for Local Staff of Diplomatic and Consular Missions in Belgium

  As of 15 February 2018, a multitude of new rules apply to “local staff” of diplomatic and consular missions in Belgium, including permanent missions and representations to international organizations having their seat in Belgium. The application of these new rules was triggered by a legislative...

• The implementation of the UBO Register in Belgium

  Following the Fourth AML Directive, the law of 18 September 2017 on the prevention of money laundering and the financing of terrorism, and the limitation of the use of cash (the "Law") introduced in Belgian law an obligation for Belgian companies, (international) nonprofit organizations,...

• Belgium Enacts Historic Corporate Law Reform

  The Background: On February 28, 2019, the Belgian Parliament approved a historic company law reform. The Result: The new Belgian Code of Companies and Associations ("BCCA") becomes applicable on May 1, 2019, with staggered effect. The reform impacts all Belgian legal entities, including nonprofit...

• New Belgian requirements for disclosure of beneficial ownership of legal entities – the "UBO Registry"

  UBO Register: introduction and legal framework - In implementation of EU Directive 2015/849 (the 4th EU Anti-Money Laundering Directive) a centralized registry of Ultimate Beneficial Owners (“UBOs”) of Belgian legal entities has been established by the law of 18 September 2017 on the prevention ...

• New Rules for B2B Contracts: Are Your Business Contracts Future Proof?

  Recent Belgian legislation on B2B relations imposes new rules on the allowed content of business contracts....

• Covid-19 coronavirus: hardship and force majeure – a Belgian analysis

  The rapid and global spread of the Covid-19 coronavirus and the resultant governmental strategies are having an increasingly disruptive effect on our daily lives, and also on global supply chains, including in Belgium. Disruption means a potential breach of contractual obligations and delays in...