Dentons (JD Supra Belgium)

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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...

Following the publication in early September of the European Commission (EC)’s Staff Working Document (summarizing the results of the evaluation of the Vertical Block Exemption Regulation (VBER)), the VBER inception impact assessment, also known as roadmap, was published on October 23. The release of this inception impact assessment marks a milestone in the ongoing review of the rules after a...

In recent years, several European jurisdictions have seen the emergence of Special Purpose Acquisition Companies (“SPACs”) on their stock markets. As “blank check companies” formed by sponsors ? usually well-known and experienced investors who serve as the SPACs’ public faces ? SPACs have no mission statement, no intended business operations or even stated targets. Their sole purpose is to use...

In order to allow parties to an ongoing dispute to reach a settlement, and thus reach a more (cost) efficient and faster outcome than a court judgment, the French-speaking Enterprise Court of Brussels has created a chamber for amicable settlement (“chambre de règlement amiable”), which has been launched this month, September 2020.

In its judgment of April 28, 2020, the Belgian Data Protection Authority (“DPA”) imposed a fine of €50,000 (the annual turnover of the company was approximately €4 million) for an internal conflict of interest of a data protection officer (“DPO”). According to the DPA, a DPO cannot hold a position within the organization in which he or she has to determine the purpose and/or means for the...

On July 16, 2020, the European Commission (the “Commission”) launched a sector inquiry into the market for consumer products and services linked to the Internet of Things (“IoT”) (see the Press release announcing the launch of the sector inquiry). The sector inquiry will cover products such as smart home appliances (TVs, fridges, lighting systems, etc.), and wearable devices, such as smartwatches

On June 2, 2020, the European Commission (“EC”) launched two parallel public consultations that could mark a turning point in the ongoing battle against ‘Big Tech’ in Europe: The first consultation concerns the introduction of a regulatory framework to tackle the market power of large digital platforms acting as “gatekeepers”, which would be included in the Digital Services Act (“DSA”).

The present note summarizes part of a broader study on investment screening insurance: Teoman Hagemeyer and Jens Hillebrand Pohl, “Managing the Risk of Self-Judging Security Exceptions Through Insurance: How Recent M&A Practice Copes with Investment Screening” (currently under peer-review).

On June 17, 2020, the European Commission (“EC”) adopted a White Paper aimed at dealing with the distorting effects from foreign subsidies in the EU Single Market (see the EC’s press release announcing the White Paper). This latest initiative by the EC is part of its new Industrial Strategy for a globally competitive, green and digital Europe announced earlier in March (see the EC’s press release

Article 6 of the GDPR provides a list of legal grounds on which companies can rely for the lawful processing of personal data, among which are explicit consent and legitimate interest. In accordance with preamble 47 of the GDPR, direct marketing purposes may be regarded as carried out for a legitimate interest and this legal ground is often used in this respect.

The economic impact of the COVID-19 pandemic means that many businesses are experiencing reduced liquidity and are at risk of insolvency. In order to protect businesses against bankruptcy proceedings, the Belgian government recently adopted Royal Decree n° 15 on the temporary suspension of enforcement and other measures in favor of businesses for the duration of the COVID-19 crisis (the "Moratoriu

Belgium passed a Law on March 23, 2020, to prevent the dissemination of satellite images and aerial photographs of nuclear installations and other critical facilities. The legislator hereby responds to recent criticism by the French National Assembly that Belgium has not adopted such legislation, which also endangers French interests. Interestingly enough, the legislator did not seize this...

The COVID-19 outbreak has had unprecedented and unexpected consequences across Europe. Intellectual property rights holders are understandably considering how this impacts their rights, applications for registrations, proceedings and hearings. We have summarized below the position of the European Patent Office, and the European Union Intellectual Property Office, as well as the local...

The last few weeks, there has been a constant stream of measures implemented due to the COVID-19 crisis. Measures for Belgian courts are no exception, as indicated below. As a general rule, the Belgian courts and tribunals are closed and only urgent cases are dealt with (e.g. summary proceedings, urgent family matters, etc.). A set of mandatory guidelines for all Belgian courts has been...

When the first measures to control the spread of COVID-19 were introduced, Belgian notary publics were severely affected. A profession, which had always considered the physical presence of its clients to be a prerequisite, initially found it very difficult to adapt to the lockdown measures – hence the relatively early decision of the notaries’ federation to close notaries' offices and to allow...

Belgium’s strict COVID-19 safety measures, such as social distancing and the ban of non-essential movement, have had a significant impact on social, economic, judicial and administrative life. To provide legal certainty and ensure the continuity of the administration of justice, the Minister of Justice has issued three royal decrees of special powers.

The Belgian government has recently taken various measures to help companies in difficulties face the crisis created by the COVOD-19 outbreak and the subsequent lock-down measures taken by the National Security Council. As a result, companies experiencing financial difficulties can apply for (tax) support measures from FPS Finance.

Many enterprises in various sectors are suffering due to the outbreak of the COVID-19 virus (Coronavirus), which has disrupted their business through non-performance of contractual obligations, supply chain disruption, postponed or cancelled business trips, absent employees, etc.

On January 28, 2020, the Belgian Data Protection Authority (“DPA”) published the final version of its Strategic Plan 2020-2025, setting out its priorities for the next five years, with a focus on different sectors (such as telecommunications and media, government, direct marketing, education and SMEs), key elements of the GDPR (such as the role of the Data Protection Officer and the lawfulness of

We present you with a selection of key regulatory developments in Belgium.