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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:
- Belgium Publishes Decree on the Nanomaterial Register
The Belgian Royal Decree Regarding the Placement on the Market of Substances Manufactured at the Nanoscale, a Report to the King, and the Opinion of the Council of State were published in the September 24, 2014, issue of the Official Gazette....
- Belgian Retail Newsletter: The Legislation On Commercial Establishments Or So-Called “Socio-Economic Permit” Legislation: From Federal To Regional (Part I)
A prudent retailer seeking to open a point of sale in Belgium should check compliance with the legislation on commercial establishments1 which may require a declaration and/or a permit prior to the effective opening date. During various decades, the competence regarding...
- Towards a new, more flexible legal framework for secured lending in Belgium
Upon entering into force, the law of 11 July 2013 on security interests in rem on movable assets will provide Belgium with a modern legal framework that will greatly facilitate secured lending. Although not as all-encompassing as the US blanket lien or the English floating charge, the new Belgian...
- Belgium issues new law on anti-money laundering transposing the fourth EU Directive and implementing the FATF recommendations
The Belgian State Gazette published on Friday 6 October 2017 the law of 18 September 2017 preventing money laundering and financing of terrorism and limiting the use of cash (the"Law"). The Law replaces the law of 11 January 1993 and introduces several changes into the Belgian AML regime, ...
- Key Regulatory Developments in Belgium
RD 23 April 2018 (published 17 May 2018) – B-REIT RD - RD amending RD of 13 July 2018 on regulated real estate companies (B-REITs) published - This RD is an amendment to the RD of 13 July 2014 on regulated real estate companies (B-REITs). This amendment was...
- 2018 Global Employee Equity at a glance: Belgium
Welcome to the Belgium page of our Global Employee Equity at a glance series. 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...
- Belgium adopts legal framework on tenders for new offshore electricity production installations
On 4 April 2019, the Belgian Parliament adopted a law introducing a competitive bidding procedure to award domain concessions for new offshore wind farms. In addition to setting out a general framework for the competitive bidding procedure, the law aims to further reduce subsidies granted to...
- AG Bobek’s opinion in Budapest Bank: on object vs. effect, fish and lilies
On September 5, 2019, Advocate General Bobek published his opinion in the Budapest Bank case (C-228/18). The opinion provides very clear and practical guidance on the concept of restriction of competition by object – a subject that has long been a bone of contention among competition practitioners, ...
- Coronavirus (COVID-19): Belgium
Belgium has so far been spared from coronavirus (COVID-19) outbreaks. Now that many people have returned from holidays (February 22 – March 1), however, this might change. This article provides practical guidance on employer’s rights and obligations should coronavirus strike Belgium....
- COVID-19- AFMPS reviews its export ban on certain medicinal products outside the EEA
The Belgian federal agency for medicines and health products (AFMPS or FAGG) provides that Belgium acts as a logistical platform for certain medicinal products....