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17/04/2019

Consumers to be better protected when concluding online contracts

On 15 April 2019, the Council of the EU formally adopted a draft directive on certain aspects concerning contracts for the supply of digital content and digital services. This was…
15/04/2019

NSSO follows the Tax Ruling Commission’s position: warrants may not exceed 20% of the employee’s regular gross salary package

Employers often use warrants as a salary optimisation tool. If such warrants qualify as options within the meaning of Article 41, 3° of the Option Act of 26 March 1999,…
12/04/2019

New mechanism for attracting investments and avoiding future blackouts

On 4 April 2019, the Belgian Parliament approved a Bill on the capacity remuneration mechanism (‘CRM’). This system aims to ensure the security of electricity supply after Belgium’s nuclear ‘exit’…
04/04/2019

From toys to business tools: is the regulatory framework for drones ready for this development?

“Ordered before midnight, tomorrow delivered at your home”. Lightning-fast parcel delivery is one of the greatest advantages of living in the early 21st century. Companies are now literally ‘racing against…
28/03/2019

Important financial impact for equity incentives expected in the life sciences industry

In the life-sciences industry, many employees benefit from equity incentives granted by the parent company. Until recently, such equity incentives granted by a foreign parent company to Belgian employees were…
22/03/2019

Secondment in the construction sector: 10 key considerations

The construction sector is a fraud-sensitive sector. Belgian companies that are working with foreign subcontractors and foreign companies seconding their employees to Belgium to work on a project in Belgium…
13/03/2019

A new Copyright Directive for the digital age addresses some sensitive issues

The European Parliament, the European Commission and the Council of the European Union (‘EU’) have reached a political agreement on Wednesday 13 February 2019 to make the EU’s copyright rules…
01/03/2019

The Code is dead, long live the Code!

What does the new Belgian Code on Companies and Associations have in store for you?
28/02/2019

Deposit of goods on consignment: does it constitute a deposit?

In a judgment of 26 November 2018, the Court of Appeal of Ghent (case 2016/AR/759) ruled that the deposit of goods on consignment does not constitute a deposit but does…
22/02/2019

Drastic times call for ex parte interim measures

In Belgium, a preliminary injunction (‘PI’) is rarely granted on an ex parte (or unilateral) basis. Adversarial debates are considered as a cornerstone of legal proceedings, and one is entitled…
20/02/2019

Financing infrastructure in Africa – Be prepared!

The need for modern infrastructure in Africa is enormous. Financing is key, yet it remains one of the most important challenges. Understanding the local environment and regulations is crucial to…
18/02/2019

Flemish government set to introduce new rules for sports agents

Last week, the Flemish Government has submitted a draft decree proposing important changes for sports agents. Sports agents with any professional activity in the Flemish Region will have to be…
12/02/2019

Antitrust in Sport: Unauthorised Events, Enforcement without Penalties?

One year after the European Commission’s decision (EC) against the International Skating Union (ISU), the Belgian Competition Authority (BCA) has taken a decision against the Fédération Equestre Internationale (FEI). Both…
05/02/2019

Council of State renders negative advice on the draft federal bill regarding sports agents

The Belgium Council of State has recently struck down the eagerly awaited draft federal law bill intended to regulate the sports agent profession.
25/01/2019

Yuga Wang Barred from playing an arrangement of Stravinsky’s Rite of Spring in Europe

In October 2018, the pianist Yuja Wang and the percussionnist Martin Grubinger were forced to cancel upcoming concerts in Dortmund and Luxembourg, where they had intended to perform their arrangement…
25/01/2019

Commercial space in a hotel: Don’t get trapped in a commercial lease

The ground floor of many hotels provides room for retail space that can be let to businesses complimentary to the hotel: jewellery, car renting, floral shop, (luxury) clothing, etc. A…
25/01/2019

Can drivers spend their regular weekly rest period in the transport vehicule?

Following a Belgian Council of State preliminary ruling request, the CJEU ruled on 20 December 2017 that, in accordance with the text of Regulation No 561/2006, a driver may not…
25/01/2019

Geo-Blocking Regulation: what to expect?

“Geo-blocking” is a phenomenon whereby companies refuse a sale to a customer based on geographical factors such as their nationality or location. Common geo-blocking practices are the denial of access…
25/01/2019

Employment pitfalls for work at offshore sites in Belgium’s Exclusive Economic Zone

More and more platforms are being constructed and installed in Belgium’s exclusive economic zone (or EEZ). Employing workers assigned to such offshore projects triggers complex questions regarding the applicable employment,…
25/01/2019

EU Court of Justice to decide on the legality of the lifetime extension of the Doel 1 and 2 Power Stations

EU Advocate General has taken the view that EU legal provisions concerning environmental assessments have been infringed. However, this opinion does not necessarily mean that the Doel 1 and Doel…
25/01/2019

Blockchain & GDPR: 2 simultaneous buzzwords

Blockchain technology has been receiving a lot of attention over the past few years, and more recently also from legal authors. It has been rightly said that blockchain raises several…
25/01/2019

Your salary in bitcoin: reality or sci-fi?

Bitcoin, the best-known cryptocurrency operated by a decentralised authority (and so not issued by any bank or government), is very much in the news. As a result, employees sometimes ask…
25/01/2019

The contract law challenges of the Internet of Things

When we talk about the Internet of things (‘IoT’), it is self-driving cars and the consequent legal liability issues that immediately come to mind. But the IoT’s challenges are much…
25/01/2019

Off-label use of medicines and competition law

The Court of Justice of the European Union (“CJEU”) issued a judgment on the interplay between medicines’ off-label use and competition law (Judgment of the Court of Justice of 23…
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