News
What is drop-shipping and how does it differ from a market place?
In recent years, the practice of drop-shipping has intensified by taking advantage of the boom in e-commerce.
Obligations and checks relating to foreign workers and self-employed individuals extended to all sectors and industries
In August 2020, as part of measures to reduce the spread of COVID-19, the government imposed a new record-keeping obligation and compliance check on certain employers and users which temporarily rely on foreign employees or self-employed individuals (for further details please see “COVID-19: new record-keeping obligation and compliance check relating to foreign workers and self-employed individuals”). Initially, these obligations were limited to employers active in the construction, cleaning, meat, agriculture and horticulture sectors. However, the government has extended these obligations to all sectors and industries. In addition, foreign workers and self-employed individuals must, under certain circumstances, provide evidence of a negative COVID-19 test.
Is AstraZeneca obliged to supply the EU with sufficient covid-19 vaccines?
The EU-AstraZeneca agreement imposes a “best reasonable efforts” obligation on AstraZeneca to manufacture and deliver its Covid-19 vaccine doses to the EU. This obligation applies to AstraZeneca’s manufacturing sites not only in the EU, but also in the UK. Although the production issues of the Anglo-Swedish pharma company at its Belgian plant may not necessarily violate its “best reasonable efforts” obligation, it remains highly questionable whether AstraZeneca is allowed under the agreement to prioritise supply of the UK over the EU with its vaccines produced in the UK.
New National Labour Council CLA sets framework for Covid-telework
Traditionally, Belgian labour law distinguishes between two forms of telework, namely structural telework, regulated by the Collective Labour Agreement n° 85, and occasional telework, regulated by the Act on Workable and Agile Work. Since the start of the Covid-19 pandemic, a third category has been added, namely ‘Covid telework’, which was, at a certain point, recommended but has now been made compulsory again by the government. Until recently, this ‘Covid telework’ was a ‘sui generis’ regime for which no legal framework had been developed. However, the National Labour Council has now concluded a Collective Labour Agreement n° 149 that creates such a legal framework.
This new CLA n° 149 does not apply to companies that already had a structural or occasional telework regime in place before 1 January 2021 that was included in either a CLA, an individual agreement or a telework policy.
For companies that do not yet have a structural or occasional telework regime in place, CLA n° 149 includes a reference framework to make the necessary arrangements on Covid-telework within the company, as well as a number of obligations for well-being at work concerning telework.
This newsflash gives an overview of the new CLA’s key points.
Webinar Video | Life Sciences Session #2: Vaccine liability: what if vaccination goes wrong?
The ongoing vaccination campaign against Covid-19 raises the question of possible side effects and of the potential liability for damages arising from the use of vaccines used against this disease.
Enhanced role for the occupational doctor in combatting Covid-19: contact tracing, quarantine certificates and testing
A new Royal Decree published on 21 January 2021 in the Belgian Official Gazette has temporarily extended the occupational doctor’s role in combatting the Covid-19 virus.
Champagne: in victory, one deserves it!
On 21 December 2020, the Opposition Division of the EUIPO rejected the registration application for the ‘CHAMPAWS’ trade mark for pet beverages because it evoked the ‘CHAMPAGNE’ PDO.
The ‘new normal’ is being cemented into the Belgian companies and associations Code
A new Act of 20 December 2020 has introduced both temporary and definitive measures to combat the coronavirus pandemic and cope with its consequences.
Low Emission Zone: what’s in it for Belgian car drivers?
Low emission zones (LEZs) are now a familiar practice in Belgium. However, it is a dynamic tool that is still evolving and poses new standards in the near future. Its implementation in Belgium’s constitutional structure raises some legal issues and its lawfulness is not undisputed either.
Webinar Video | Retail Law Series 3 : Using customer data for direct marketing and loyalty schemes: some data protection considerations
Using customer data for direct marketing and loyalty schemes: some data protection considerations
The Belgian Competition Authority suspects Caudalie of imposing minimum resale prices on its distributors by determining a maximum discount level and of limiting its distributors’ active and passive online sales
Over the last 4 years, the Belgian Competition Authority (“BCA”) has increasingly scrutinised anticompetitive restraints in vertical agreements and assessed these restraints under Article IV.1 of the Belgian Code of Economic Law and Article 101 TFEU.