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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

• 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....

• New Belgian Law on the oversight of payment transaction processors

  Summary - Hard-law tools to supervise payment transaction processors: A new Belgian law (the Law) reinforces the supervision of the activities of systemically important payment transaction processors as well as payment schemes and their operators. Payment transaction processors facilitate the...

• New Belgian Prospectus Law

  Proportionate disclosure regime for small scale capital raisings and simplified regime for liability management exercises introduced. The New Prospectus Law has been published in the Belgian Official Gazette. The New Prospectus Law introduces new rules with respect to prospectus requirements and ...

• Investment Funds Update – Europe: Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles - Issue 3, 2019: Belgium

  FSMA Communication on new procedure for electronic filing of documents - The Financial Services and Markets Authority ("FSMA") published Communication FSMA_2019_08 (in French and Dutch) on 21 March 2019 regarding the new procedure for the electronic submission of documents by collective funds (in...

• 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....

• Belgian AFMPS abolishes quota previously imposed on paracetamol-based medicines

  The Belgian Federal Agency for Medicines and Health Products (AFMPS) has announced that it has abolished measures introducing quotas for the supply of paracetamol-based medicinal products. ...

• Hello, Old Friend: Where Have You Been? French Antitrust Agency Levies Eye-Watering $510 Million Fine on Three Pharmaceutical Firms and Breathes New Life into Collective Dominance

  The concept of dominance plays a pivotal role in European antitrust law. The creation or strengthening of a dominant position is an example of the “significant impediment to effective competition” that grounds the prohibition of a proposed merger, and the rules on abuse of a dominant position...

• Belgium’s Nanomaterials Register Now Available

  This week, Belgium’s Federal Public Service for Health, Food Chain Safety and Environment created an online portal for companies to register nanomaterials they put on the market. Nanosubstances must be registered before January 1, 2016. Mixtures containing such substances must be registered...

• Global Employee Equity at a glance: Belgium

  Stock Option Plans: Employment - Labor Concerns - There is a risk of employees claiming that they are entitled to compensation for loss of rights under the Plan where the Plan is amended or discontinued or where their employment is terminated. In particular, there is a risk that an...

• The new Belgian Prospectus Law

  On 20 July 2018, the new Belgian prospectus law was published in the Belgian State Gazette. This new law abolishes the Belgian prospectus law of 16 June 2016 (as of the date that the new Prospectus Regulation will fully apply, i.e. 21 July 2019). The Prospectus Regulation includes a number of “le...