News
Last call to implement electronic voting and/or voting by letter for Covid-proof social elections
In principle, the decision to vote electronically should have been taken as early as February 2020, at a time when few had ever heard of Covid-19. Companies that did not do so at that time but, as a result of Covid-19, would like to do so now for security reasons or because their staff still (mostly) work from home, have been given the opportunity to still introduce electronic voting. However, they have to reach an agreement on this issue at the latest on day X + 56 (i.e. between 13 and 26 October, depending on the new election date). Voting by letter can also be an option in these Covid-19 times. The deadline for doing so is also day X + 56.
Abuse of economic dependence – How to calculate potential fines?
After some last-minute delays, the Royal Decree of 31 July 2020 has introduced the concept of abuse of economic dependence in Belgium. Following this Royal Decree, the Belgian Competition Authority has now announced how it will calculate fines imposed on undertakings in such cases.
Prior authorisation requirement for letting property through AirBnB platform is consistent with the Services Directive, says European Court of Justice
The European Court of Justice has decided on 22 September 2020 that national legislation requiring an authorisation or permit for the short-term letting of residential properties is consistent with EU law, given that a housing shortage and shortage of long-term housing rentals constitute ‘an overriding reason relating to the public interest’.
Webinar Video | AI in the workplace
Our employment team discuss AI in the workplace using some videos that show the potential but also the pitfalls of this new technology.
Webinar Video | Lunch & Learn: Life Sciences : Morceaux choisis
Ce webinar porte sur les sciences du vivant et est composé de deux parties: ‘Ecueils et dangers pour la protection de la recherche & du développement dans le secteur du vivant: préceptes de bonne hygiène juridique’ et Vente de produits de produits de santé et de médicaments aux hôpitaux : les points d’attention en droit des marchés publics”.
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.