Liedekerke

THE TRANSPOSITION PERIOD FOR MEMBER STATES BEGINS On 30 March 2023, the proposal for a Directive amending the Unfair Commercial Practices Directive and the Consumer Rights Directive to empower consumers for the green transition through better protection against unfair commercial practices and better information (the “Greenwashing Directive”) was published. The Directive[1] has been formally signed on […]

The Social Affairs Committee of the Belgian Parliament approved a draft bill on 5 February 2024 to grant better protection to employees undergoing fertility treatment. If the draft bill is passed, employers must be aware of the specific protection that will apply to such employees. I. BACKGROUND According to the World Health Organization (WHO), infertility is a disease of […]

Direct marketing continues to grow in importance as a business practice across a wide range of sectors. Such communications do, however, often entail processing of personal data and must therefore comply with applicable data protection rules. Is consent (which can prove cumbersome to rely on in practice) as a legal basis under data protection legislation […]

Direct marketing continues to grow in importance as a business practice across a wide range of sectors. Such communications do, however, often entail processing of personal data and must therefore comply with applicable data protection rules. Is consent (which can prove cumbersome to rely on in practice) as a legal basis under data protection legislation […]

On 22 January 2024, the final text of the AI Act became public (it was published by Luca Bertuzzi of Euractiv on its LinkedIn page). Although not yet formally and finally adopted and published in the Official Journal of the European Union, we understand that this text will not be subject anymore to (extensive) changes. […]

On 5 December 2023, the Court of Justice of the European Union handed down two judgments (C-807/21 Deutsche Wohnen and C-683/21 Nacionalinis[1]) in which it ruled that only a deliberate breach of the General Data Protection Regulation (the “GDPR”) can lead to an administrative fine by a national supervisory authority.  The German and Lithuanian courts […]

I. CAN THE AI GENERATED CONTENT BE PROTECTED BY IP RIGHTS AND WHO CAN CLAIM OWNERSHIP? AI systems can generate a variety of works that are, in theory, eligible for protection by IP rights, such as texts (copyright), images (copyright, design rights or trade mark rights), software codes (copyright on computer programs), etc. But who can […]

The Global Arbitration Review has recently published the GAR European Arbitration Review 2024 and our very own Arnaud Nuyts (Partner) and Bruno Hardy (Counsel) of our International Arbitration and Dispute Resolution Practice, authored the Belgian Chapter. Their contribution provides an analysis of the current status of the international arbitration field in Belgium and identifies the […]

A search of premises, a social inspection and a tax dawn raid are measures that have a significant impact on people’s privacy. Furthermore, these measures can also affect the professional environment. Companies and their employees should therefore be prepared for such measures. It is important here to have a certain knowledge of the relevant legal […]

A MAJOR CHANGE IN THE MINING SECTOR IN THE DEMOCRATIC REPUBLIC OF CONGO: THE 22ND OF FEBRUARY 2023 MARKED THE ENTRY INTO FORCE OF A DECREE REGULATING TRANSACTIONS ON THE MINING ASSETS OF DRC STATE-OWNED COMPANIES. The Prime Ministerial Decree no. 23/08 establishing the terms and conditions for the sale of mining assets of the […]

In the summer of 2023, a major development took place in the area of data protection. In addition, other processes are still ongoing or in a preliminary stage in areas like Digital Markets, Digital services and AI. In the September issue of our IP/IT/DATA Newsletter our legal experts dive in to these recent developments Click […]

EUROPEAN PARLIAMENT’S AMENDMENTS TO THE PROPOSAL FOR A DIRECTIVE ON CORPORATE SUSTAINABILITY DUE DILIGENCE The European Parliament adopted crucial amendments to the proposed Directive on Corporate Sustainability Due Diligence, which mandates companies to incorporate human rights and environmental considerations into their governance (i.e. the Directive of the European Parliament and of the Council on Corporate […]

As of 1 January 2024, Belgian leave legislation will undergo two major changes to comply with European Union law and the case law of the Court of Justice of the European Union (CJEU). To fully understand the legislative changes, it should be recalled that: employees are entitled to paid annual leave during a calendar year […]

bill has been adopted governing the introduction of 120 so-called ‘relance’ overtime hours. This flexible overtime regime was already in place between 1 July 2021 and 31 December 2022 and has now been reinstated. (i)               General principles governing overtime in Belgium As a general rule, working time legislation in Belgium prohibits employees to exceed the working time […]

In response to the Hakelbracht judgment of 20 June 2019 of the Court of Justice of the European Union (case C-404/18), the Belgian legislator has recently adopted new legislation providing for a system of enhanced protection against adverse action by employers for employees who raise their voices with respect to (potential) issues of discrimination. (i) […]

Closing the gender pay gap has long been on the agenda of the European and national legislators. Despite the right of equal pay between women and men for equal work or work of equal value having been enshrined in Article 157 of the Treaty on the Function of the European Union and in Directive 2006/54/EC […]

Taking into account the predominant position of the internet in our (professional and personal) lives, it is more and more common that EU trade marks are used online without authorisation. Global access to the internet however triggers questions as to the territory in which European Union trade mark rights can be enforced. Read full report […]

On 24 February 2023, the European Data Protection Board (EDPB) published the final version of its Guidelines 07/2022 on certification as a tool for transfers (the Guidelines). The Guidelines complement the Guidelines 1/2018 on certification adopted on 4 June 2019. While the guidelines adopted in 2019 provide general guidance on certification tools, the Guidelines addresses specific requirements from Chapter […]

As from 1 June 2023, the date on which the Agreement on a Unified Patent Court (the “UPC Agreement”) will enter into force, the scope of the “research exemption” under Belgian law will become more limited. Art. XI.34, §1, b) of the Belgian Code of Economic Law (“BCEL”) will no longer exempt “acts done for […]

More and more companies are inclined to promote the sustainability characteristics of their products and services, without always being able to support these claims with evidence. Commonly known as “greenwashing”, this is a form of misinformation that can lead to legal issues. Found in both B2C and B2B contexts, this practice aims at presenting or […]

The Flemish Government has recently enacted a Decree creating an obligation to cover a portion of the roof of certain high energy-consuming buildings with solar panels, accelerating the growth of solar energy (new provisions 6.7.1 – 6.7.10 Energy Decree). Private buildings that consume more than 1 GWh electricity per year will have to cover their rooftop surface with […]

The Government of the Democratic Republic of the Congo and the United Arab Emirates have signed a JV agreement to fight against mining fraud in the artisanal exploitation of 3T minerals, Coltan and gold. Liedekerke assisted in preparing and negotiating a JV agreement, as well as a shareholders agreement between the two parties who by signing commit to clean […]

10 Questions and Answers – Understanding greenwashing is not just about mitigating your liability risks. It is the key challenge in getting ESG right in the years to come. As Liedekerke’s ESG Advisory Team we are happy to share our thoughts on this important topic. To view the full report, please click here.

I. NEWLY ADOPTED BELGIAN TAX MEASURES On 30 November 2022, a new law on various fiscal and financial provisions (Law) was published in the Belgian State Gazette. The Law is part of the Belgian Minister of Finance’s action plan against tax and social fraud and modifies inter alia the investigation, assessment and retention periods in Belgian […]

1. IS THE WAR IN UKRAINE A FORCE MAJEURE EVENT? A contract party does not incur liability if the non-performance of its contractual obligation is caused by an event of “force majeure” 1. Under general contract law (which may be deviated from in a force majeure clause (question 2)), conditions to invoke force majeure are: An extraneous […]

On 23 February 2022, the European Commission published its long-awaited proposal for a Directive on Corporate Sustainability Due Diligence, which is in line with the human rights- and environment-related objectives set out in the European Green Deal and the UN Sustainable Development Goals. The European Commission’s proposal envisages to impose corporate due diligence duties on […]

The Belgian transposition of the EU Directive on transparent and predictable working conditions: next steps for employers The Belgian transposition of the EU Directive on transparent and predictable working conditions: next steps for employers. In Belgium, the transposition of the EU Directive 2019/1152 on transparent and predictable working conditions in the European Union (the Directive) is not yet […]

When a company intends to purchase a divestment business arising from commitments attached to a European Commission (EC) conditional merger clearance decision, it is not always aware that it will need to go through an extensive purchaser approval process, which is a complex, intense and fast- paced process throughout. This short briefing gives an overview […]

On 7 July 2022, the Irish Data Protection Commission (Irish DPC) issued a draft decision to prohibit Facebook owner Meta from transferring personal data from Europe to the United States. That draft decision was issued further to an “own volition” inquiry initiated by the Irish DPC regarding Meta’s transfer of personal data to the U.S. […]

Shortly before Summer, the Belgian government finally reached a final governmental agreement on 17 June 2022, on the so-called “labour deal” that was announced mid-February. This governmental agreement follows the political agreement reached in February, the (undisclosed) pre-draft bill and the subsequent advice of the National Labour Council of 17 May 2022. The much-discussed labour […]

The creation and operating of JVs raises several competition law compliance questions and is a complex process to complete. Businesses can therefore better be well prepared when engaging in such a process. In the following pages, our experts examine the potential risk areas and select 10 key questions to avoid competition pitfalls. 1. Is the […]

The crisis in Ukraine raises many legal questions for Belgian companies. The current shortages and price increases have a significant impact on commercial contracts. Our experts, Olivier Vanden Berghe (Partner), Frank Judo (Partner), Jonas Vansevenant (Associate) and Sven Frankard (Associate) have drafted the main questions in the form of Q&A, in collaboration with the VBO/FEB […]

On 25 November 2021 the Court of Justice of the European Union (“CJEU”) rendered a judgment in which it ruled that showing advertisements in a person’s inbox (however, without sending an e-mail) is deemed unsolicited electronic communication in the sense of article 13, §1 e-Privacy Directive. Consequently, the addressee’s prior consent is required in this […]