News
New measures to address over-indebtedness and protect companies in difficulty
On 1 July 2024, the Act of 15 May 2024 on measures to address over-indebtedness and protect companies in difficulty was published in the Belgian Official State Gazette. The main amendments of the Act, as well as its entry into force, are briefly discussed below.
Deepfakes in the music industry: Will the AI Act change the tune?
The emergence of deepfake technology, particularly within the music industry, has sparked significant debate and concern. Deepfakes, which are synthetic media generated using AI to replicate and/or manipulate a known artist’s likeness and/or voice, have the potential to revolutionise the music industry.
Hacking NIS2: 5 innovations about the sequel to the EU’s cybersecurity framework
NIS2 (the second “Network and Information Systems Directive”) is an updated regulatory framework introduced by the European Union to strengthen cybersecurity across member states. It is a successor to the original NIS Directive, which was adopted in 2016.
Belgium gears up to enforce the EU Deforestation Regulation
The EU Deforestation Regulation (EUDR) was published on 9 June 2023 and came into force on 29 June 2023. Member States, including Belgium, must establish legal frameworks for enforcement.
Internal investigations: an employee’s right to be assisted during an interview.
Although employers have been proceeding with internal investigations for decades, nowadays they raise more and more legal questions. Driven by legislative initiatives and case law trends, there are many situations in which an employer may be forced to an internal investigation.
A significant reform of the Social Penal Code is anticipated
A new draft Act has recently been submitted to the Belgian Parliament that aims to amend the Social Penal Code which lists the infringements of labour and social security law that are punishable and the related penalties.
EU Court of Justice interprets import ban on Chinese animal products: fish oil for feed is not an exempted “fishery product”
On 21 March 2024, the EU Court of Justice (‘CJEU’) handed down its ruling in case C‑7/23, concerning a dispute between a feed company and the Federal Agency for the Safety of the Food Chain. The parties differed in their interpretation of an EU import ban on products of animal origin coming from China. The Council of State sought the CJEU’s guidance.
CJEU balances strict obligations for wholesalers of medicines with proportional penalties
On 21 September 2023, the EU Court of Justice (‘CJEU’) handed down its ruling in the Apotheke B. case (C-47/22), and it is a good example of the high threshold set by the EU Court of Justice to uphold the Community Code’s main aim of protecting public health.
New protection for employees undergoing infertility treatment
The Belgian Parliament has adopted a new Act to better protect employees undergoing infertility treatment. The new Act aims to protect these employees against (i) dismissal, and (ii) discrimination. It therefore updates two well-known Belgian employment law Acts: the Labour Act of 16 March 1971 and the Gender Act of 10 May 2007.
New guidelines for the Belgian rules on foreign direct investment
Since 1 July 2023, the Belgian rules on the screening of foreign direct investments (“FDI”) have been in force. As the decisions of the Interfederal Screening Commission (“ISC”) are not published, the rules’ application and interpretation still raise a lot of legal uncertainty. On 4 April 2024, the ISC published guidelines to provide further clarification.
Franchisors get ready: on 1 September 2024 the new Belgian Act on pre-contractual information documentation takes effect
Franchisors get ready, on 1 September 2024 the new Belgian Act on pre-contractual information documentation takes effect.
Hospital mergers no longer subject to the Belgian Competition Authority’s prior review
The legislator has now had the last word, by providing that, in principle, hospital mergers are no longer subject to the BCA’s prior review and approval.