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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

• New Belgian law modifying criminal liability for legal persons

  A new Belgian law has been published on criminal liability for legal persons - On 30 July 2018, the bill of 11 July 2018 modifying criminal liability for legal persons entered into force (FR/NL). The most significant changes implemented by this act concern.......

• New Protocol Circular Notes on Loss or Theft of Special IDs and Residence Permits in Belgium

  The Protocol Directorate of the Belgian Ministry of Foreign Affairs issued two new Circular Notes with information on the procedure to follow in case of loss or theft of a special identity card or a special residence permit held by diplomatic agents, staff members of an international organization...

• Caution with the Models of the “Commission de Bons Offices” when Employing Local Staff in Belgium as a Diplomatic Mission

  The Good Offices Commission, better known under its French name “Commission de Bons Offices”, has developed model work rules and a model employment agreement for local staff of diplomatic missions. Although both the Commission and the Protocol Directorate have been recommending the use of these...

• Data Protection Litigation to Become a New Reality in Belgium

  On November 16, 2017, the Belgian Senate adopted an “Act on the Establishment of the Data Protection Authority.” Following Austria, Germany, and the UK, Belgium is the fourth EU member state to pass a domestic statute implementing the General Data Protection Regulation 2016/679 (GDPR) before its...

• Belgian sunshine rules – Submissions required by 31 May 2018 at the latest

  On 27 December 2016, the Belgian Law of 18 December 2016 concerning various health-related matters (“the Sunshine Act”) was adopted by the Belgian Ministry for Public Health....

• New attractive real estate investment fund in Belgium

  Belgium recently introduced the regulatory framework for an attractive new real estate investment vehicle, the specialized real estate investment fund (gespecialiseerd vastgoedbeleggingsfonds (GVBF) / fonds d’investissement immobilier spécialisé (FIIS)) (SREIF)....

• 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 2017: Belgium

  Belgian FSMA Issues Two Communications on the Marketing of Units in EEA and Non-EEA AIFs - The Belgian Financial Services and Markets Authority (“FSMA”) published two communications dated 24 February 2017 on the marketing and notification of units in alternative investment funds (AIFs) by...

• Investment Funds Update Europe - Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles - Issue 2, 2018: Belgium

  Implementation of MiFID - The FSMA issued on 18 July 2017 a communication (the “Communication”) on the preparation for the entry into force of the Directive 2014/65/EU on Markets in Financial Instruments (“MiFID II”). Such Communication (FSMA_2017_11) aimed at facilitating the identification and ...

• The New Belgium Insolvency Law

  The reformed Belgium Insolvency Law adopted in 2017 eventually came into force on 1 May 2018. The law entitled Book XX of the Economic Law Code includes most of the 1997 Bankruptcy Law; the 2009 Law on the Continuity of Enterprises, which deals with the reorganisation of financially troubled...

• This Past Quarter’s Notable, International Employment Law Changes And What To Look For Down the Road: Belgium

  On January 1, 2014, new dismissal rules under Belgian law took effect. These changes will require a complete review of your company’s Belgian employment contracts and policies. The following is a short summary of the main changes....