JD Supra Belgium
- Publisher:
- JD Supra
- Publication date:
- 2019-04-29
Publisher
- JD Supra (213)
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Latest documents
- 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.
- ‘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.
Featured documents
- Ban on distribution of certain financial products in Belgium
In our alert of 11 February this year, we unveiled the consultations which were launched by the Belgian Financial Services and Markets Authority (the “FSMA”). These consultations concerned, on the one hand, a draft royal decree regarding certain information obligations applicable to the...
- 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...
- Belgian criminal settlement regime declared partially unconstitutional by the Belgian Constitutional Court
On 2 June 2016, the Belgian Constitutional Court ruled that a part of the Belgian criminal settlement regime (transaction pénale/minnelijke schikking in strafzaken) is unconstitutional. Currently, article 216bis of the Belgian Code of criminal procedure (Code d’instruction criminelle/Wetboek van...
- A New Category of Debt Securities in Belgium: Senior Non-Preferred Notes
On July 20, 2017, Belgium adopted legislation establishing a new category of debt securities available to credit institutions and investment firms ("banking institutions"). The law provides for a new Article 389/1 into the Law of April 25, 2014, on the status and supervision of credit institutions (...
- Belgian Court Decision on Jurisdictional Immunity of International Organizations in Employment Disputes
The Brussels Employment Tribunal upheld the immunity from jurisdiction of an international organization in a judgment dated 10 January 2018 (unpublished to date). This judgment differentiates itself from a certain trend in the Belgian case law which for some years has been adopting a fairly...
- Belgian legislator adapts the legal framework for criminal settlements
On 2 May 2018, the Belgian State Gazette published the law of 18 March 2018 amending various provisions of criminal law, criminal procedure and civil procedure (the "Law")....
- Belgium approves far-reaching company law reform
On February 28, 2019, the Belgian Chamber voted on the most far-reaching post-war reform of its company law. With the entry into force of this new law, differences between a corporation and an association are redefined, the distinction between civil and commercial companies is lifted, and a...
- New Belgian Maritime Code approved
The globalization of shipping and the numerous legislative initiatives introduced within the European Union have increased the need for an updated legal framework on shipping law in Belgium. Since 2007, a Belgian Royal Commission has been reviewing and preparing the modernization of Belgian...
- EU Banking and Finance Regulatory Newsletter - January 2020 - Key regulatory developments in Belgium
We present you with a selection of key regulatory developments in Belgium....
- Belgium temporarily bans the making available and use of rapid COVID-19 IVD self-tests
The Belgian competent authority (FAGG/AFMPS) has banned the supply and use of rapid diagnostic self-tests for the coronavirus (COVID-19) for six months. The purpose of the ban is to avoid misinterpretations of negative results generated from use of the tests. ...