News
Online payment authentication requirements further strengthened from 22 September 2020
As part of the second European Payment Services Directive, which entered into force in 2019 and replaced the Payment Services Directive (PSD), new rules have been developed to provide additional protection for customers when making electronic payments.
Covid-19 update: A new record keeping obligation and compliance check for employers and users relying on foreign workers or self-employed individuals in the construction, cleaning, meat, agriculture and horticulture sectors
As part of some new measures that aim to reduce the further spread of the Covid-19 virus, the Belgian government has recently imposed a new record keeping obligation upon certain employers and users who are temporarily relying on foreign employees or self-employed individuals. In-scope employers and users also have to verify whether the foreign employees and self-employed individuals have duly completed the Passenger Locator Form. These new obligations apply from 24 August 2020 until 30 September 2020 (but may be subject to extension).
The new prohibition on abuses of economic dependence enters into force in Belgium
The Belgian Parliament introduced the prohibition on abuse of economic dependence in an Act of March 2019 to protect undertakings that are economically dependent on their suppliers or buyers.
New rules on temporary unemployment as of 1 September 2020: start making preparations now
From 1 September 2020, new rules on temporary unemployment will enter into force.
Understanding payment services
The provision of payment services is a licenced activity in the EU. Payment services providers are regulated by the European Directive (EU) 2015/2366, better known as PSD2.
(Shop Based) Commercial Agent Protected even in the Absence of the Power to Negotiate the Price
In Trendsetteuse (C-828/18), the Court of Justice of the EU held that in order to be protected under the Commercial Agency Directive, it is not required that the commercial agent has the power to negotiate the price of a transaction.
Sports and competition law: An overview of EU and national case law
In 1974 the Court of Justice of the EU concluded in its famous Walrave and Koch case that sport is subject to EU law as far as it constitutes an economic activity.
The Belgian Competition Authority confirms that Belgian merger control rules apply to the creation of loco-regional hospital networks pursuant to the Act of 28 February 2019
Following the recent legislative amendment obliging hospitals to establish and be part of a loco-regional hospital network, the Belgian Competition Authority published on 22 July 2020 a note setting out the principles that will guide it when assessing the establishment of hospital networks and their possible qualification as a concentration under competition law.
Belgium’s implementation of the new EU Posted Workers Directive: What is the impact for employers posting workers to Belgium?
With the Act of 12 June 2020, Belgium is implementing EU Directive 2018/957 amending Directive 96/71/EC on the posting of workers, by providing, amongst others things, adjustments to the Act of 5 March 2002 relating to labour, salary and employment conditions when posting workers to Belgium (“Posting Act”).
Towards new EU rules for preventing packaging waste
The European Commission is collecting data and feedback from stakeholders about the European Union’s current rules on packaging and packaging waste.
The National Labour Council has confirmed its initial proposal to hold the social elections between 16 and 29 November 2020
The Act of 4 May 2020 suspended the ongoing social elections procedure due to the Covid-19 pandemic. The procedural steps up and including day X + 35 still had to be completed. However, all procedural steps falling after X + 35 were postponed until an unspecified date. The new election dates, and therefore also the […]
The obligation of prior environmental assessment once again interferes with our energy supply
The Court of Justice has recently decided that Flemish rules establishing a framework for the development consent for wind turbines infringe the EU rules on prior environmental assessment.