Specialisation agreements | Some flexibility and a transitional period
Since 1 July 2023, a new regulation concerning the block exemption for specialisation agreements is in force (Commission Regulation 2023/1067 of 1 June 2023 on the application of article 101, §3 of the Treaty on the Functioning of the European Union [TFEU] to certain categories of specialisation agreements, OJEU, 2 June 2023, No. L 143). […]
INSOLVENCY Series | Episode 2: Identifying risks and preventive tools
IDENTIFYING RISKS OF INSOLVENCY AND PREVENTIVE TOOLS TO AVOID INSOLVENCY Insolvency proceedings, and in particular liquidation proceedings, should remain a last resort. Accordingly, the Belgian Code of Economic Law (“CEL”) contains several preventive mechanisms designed (1) to detect the risk of insolvency in due course, and (2) to take preventive measures to redress undertakings’ financial […]
Protect your Trade Secrets – Procedures, Measures and Remedies
In the first two episodes of our Trade Secrets Series we gave an introduction to the legal framework governing trade secrets in Belgium and explained in more detail the acts against which a trade secret holder can and cannot take action. In this third episode we will analyse the procedures, measures and remedies that can […]
INSURANCE LAW – IMPORTANT CHANGES AHEAD
INSURANCE LAW – UPDATED RULES ON CONTRACT RENEWAL AND TERMINATION AHEAD On 5 October 2023, the Belgian Federal Parliament passed a draft law adapting the rules on (almost all) non-life insurance policies’ renewal and termination (the “Law”). This Law will come into force on the first day of the 12th month following its publication in […]
INSOLVENCY Series | Episode 1: Introduction
WHAT’S INSOLVENCY? The term “insolvency” is widely used, especially in these troubled economic times, but what does it mean exactly? Insolvency is a state of financial distress where an entity’s liabilities exceed its assets, making it difficult or impossible to meet its financial commitments. In the last few months, Belgian insolvency law has come to […]
Protect your Trade Secrets – Infringing acts, exempt acts, and exceptions
In the first episode of our Trade Secrets Series we gave an introduction to the legal framework governing trade secrets in Belgium. In this second episode we will explain in more detail the acts against which a trade secret holder can and cannot take action. The acts against which no action can be taken: the […]
Empowering the European retail investor: unveiling the EU Commission’s new proposal for financial trust and transparency
The EU Commission recently published a draft proposal for a new omnibus directive, aiming at reinforcing and harmonising retail investor protection across the entire spectrum of financial services. Scope of application – Who’s affected? As an “omnibus directive”, the proposal is intended to affect several key pieces of EU legislation such as MiFID II, IDD, […]
Pan-EU injunctive relief against multiple infringers domiciled in different EU Member States
PAN-EU INJUNCTIVE RELIEF AGAINST MULTIPLE INFRINGERS DOMICILED IN DIFFERENT EU MEMBER STATES In brief In its judgment of September 7, 2023 (Beverage City Polska, C-832/21), the Court of Justice of the European Union (CJEU) held that multiple defendants domiciled in different EU Member States, who are each accused of having committed the same infringement of […]
Protect your Trade Secrets – General Introduction
Protect your Trade Secrets – General Introduction The legal framework governing trade secrets in Belgium has changed significantly with the adoption of EU Directive 2016/943 of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (“Trade Secrets Directive”). The Trade Secrets Directive was […]
Research and Development (R&D) agreements – New rules and transitional period
| Research and Development (R&D) agreements – New rules and transitional period Since 1 July 2023, a new regulation concerning the block exemption for research and development (R&D) agreements is in force (Commission Regulation 2023/1066 of 1 June 2023 on the application of Article 101, §3 of the Treaty on the Functioning of the European […]
New rules on consumer debt collection in Belgium – Time to change your T&Cs
| New rules on consumer debt collection in Belgium – Time to change your T&Cs. Are you a company facing unpaid consumer invoices? What are you allowed to do in light of the new Belgian consumer debt collection rules? As of when do these rules enter into force and should you amend your existing T&Cs? […]
The Rise of (new) Savings Products on the Market
SAVE NOW BUY LATER, APPLE CARD’S SAVING ACCOUNT, HIGH-YIELD SAVINGS PRODUCTS With the current rise of interest rates, savings products are gaining traction again on the market across the globe, including in Belgium and Europe. We observe the return of some very traditional savings products as well as the rise of certain innovative FinTech-oriented features. […]