The Belgian legislature recently adopted a new act on private investigations ("Act")....more
A labour court in Brussels has issued one of the first published rulings on the question of whether Data Protection Officers are entitled to compensation if they are fired for performing their duties....more
Previously, for credit insurance covering the price of a supply including VAT, in so far as the credit insurer was subrogated in the rights of the insured supplier, the insurer was entitled to exercise the VAT refund right...more
In Belgium we have seen a rise in prosecutions of environmental issues, inappropriate behaviour at work, social fraud, social dumping (where companies employ cheaper labour from other countries to undercut local wages), and...more
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...more
The Belgian Competition Authority recently rendered a decision imposing significant fines totaling EUR 47 million on competitors guilty of a variety of anti-competitive agreements, including ‘no-hire’ clauses....more
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...more
On 19 September 2024, the Belgian Data Protection Authority (DPA) issued new Guidance on the interplay between the recently adopted EU Regulation on Artificial Intelligence (the AI Act) and the General Data Protection...more
The rules on the employment of third-country nationals (which apply regionally) were recently amended in the Brussels Capital Region by an ordinance issued on February 1, 2024, and its implementing decree on May 16, 2024. The...more
The United Kingdom continues to see rapid growth in the number of workplaces adopting remote and hybrid work arrangements, particularly in the wake of the COVID-19 pandemic. Although this new type of work offers many...more
To tackle illegal employment through subcontracting more effectively, the Flemish government improved chain liability, and introduced a duty of care. According to this duty of care, companies working with subcontractors in...more
The Situation: Tort liability rules for directors in Belgium changed significantly following the recent publication of a new Book 6 of the Civil Code. The new rules will enter into force on January 1, 2025....more
Research has indicated that 60% of employees have work that frequently or always involves repetitive movements, and 24% of employees have work that often or always involves painful or tiring postures (including sitting still...more
A recent legislative amendment in Belgium introduces protection against dismissal and a prohibition of discrimination when an employee is absent due to an infertility treatment or a programme of medically assisted...more
On 31 May 2024, a new Belgian law was published transposing the EU Collective Redress Directive into national law. The new Belgian law does not introduce an entirely new framework to allow so-called class actions as, unlike...more
Last month, the Belgian Supreme Court ruled in a case concerning a former employee who, following an internal investigation, had been first dismissed by her employer for and subsequently convicted of several criminal...more
We recently reported on the saga that followed the Constitutional Court's ruling of February 8, 2024 on the conditions for applying the partial exemption from payment of withholding tax for employers organizing shift work...more
On 7 March 2024, the Court of Justice of the European Union issued a ruling (C-604/22 | IAB Europe) clarifying the concepts of personal data and controller in the context of the use of a Transparency and Consent Framework...more
During its plenary session on May 8 this year, the Chamber of Representatives in Belgium adopted a legislative proposal regulating private investigations. The purpose of this new law is to review the existing legal framework...more
Key Takeaways - - As FDI regimes proliferate and mature around the globe, governments are taking an ever-more expansive view of the concept of “national security” to include more than military and defense interests, which...more
Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more
The Belgian FDI screening regime, introduced by the Cooperation Agreement of November 30, 2022 ("Cooperation Agreement") became effective on July 1, 2023. Similar to many other European foreign direct investment ("FDI")...more
The Antwerp Labour Court recently settled the question of whether compensation for maternity protection and separate compensation for discrimination can both be awarded for the same dismissal under Belgian law....more
In its landmark ruling on May 14, 2019, the European Court of Justice held that the European Working Time Directive (Directive 2003/88) and the Charter of Fundamental Rights of the European Union (Article 31) is opposed to...more
To help employees manage their individual training rights, the Federal Public Service Employment in Belgium has developed a training account called the "Federal Learning Account" (FLA). ...more