Kernpunten Hou reeds bij het design van uw website/app rekening met uw informatieverplichtingen. Informeer de consument voldoende over o.m. het herroepingsrecht. Vermijd zo een niet-afdwingbare overeenkomst of een verlengde herroepingstermijn. ______________________________________________________ NV Trapmasjien wil haar verkoop van fietsen extra stimuleren via e-commerce. Wanneer Trapmasjien via haar website of app haar fietsen verkoopt aan een consument dient zij de consument, vooraleer deze gebonden is, voldoende te informeren. De informatie die de…...

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On 18 May 2017, the Belgian Federal Parliament adopted a new Act on actions for damages for competition law infringements (the “Competition Law Damages Act”).[1] The Competition Law Damages Act transposes  Directive 2014/104/EU (the “EU Damages Directive”) into Belgian law, which aims to make it easier for victims of competition law infringements to claim damages for the harm they suffered.[2] The Competition Law Damages Act was published in the Belgian…...

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On 26 October 2016, the Court of Justice of the European Union has rendered a decision (case C-195/15) on the interpretation of “rights in rem” under article 5 of the Insolvency Regulation (Regulation 1346/2000). Meanwhile, this provision has been replaced by Article 8 of Regulation 2015/848, which will come into force on 26 June 2017. The same interpretation can reasonably be expected to apply to the latter article. Article 5…...

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The notary public has the monopoly to organize a public sale of real estate. If real estate is sold through a public auction website, such sale can be annulled. In its judgment dated 9 June 2016, the Belgian Supreme Court  confirmed the legal monopoly of a notary public to organize and sell real estate through a public sale (“vente publique/openbare verkoop”). A public sale implies that the notary awards the…...

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The European Court of Justice ruled that the obligation to draw up cross-border invoices exclusively in a particular language (under penalty of nullity) is incompatible with EU legislation. Until now, Flemish language legislation prohibited companies established in the Flemish region from drafting their invoices in a language other than Dutch (Dutch being the official language of the Flemish region), even if the invoices were addressed to a customer abroad. Invoices…...

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Need for a change Most companies, from the start-up to the multinational including the SME’s and from all sectors, own (knowingly or unknowingly) trade secrets. Indeed, all information that allows to obtain a competitive advantage could qualify as a trade secret! This can include business plans, manufacturing processes, designs, recipes, compilations of significant data, such as price and customer lists, etc... This type of intangible assets may be very valuable…...

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Royal Decree of 10 April 2016 On 25 April 2016, the Royal Decree of 10 April 2016 “concerning the use of remote controlled aircrafts in the Belgian airspace” entered into force. This new legislation regulates both the private and professional use of “unmanned aircraft systems”, also known as ‘drones’. It contains a number of air traffic rules to be complied with by operators of drones that either take off or…...

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1. Background – invalidation of “Safe Harbour” In October 2015, we reported on the invalidation by the European Court of Justice (the “CJEU”) of the “Safe Harbour” regime for personal data exports from the EU to the US. The CJEU ruled that the Safe Harbour regime failed to provide sufficient guarantees to ensure adequate data protection where US law allows access to personal data transferred by European undertakings to their…...

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January 28 is “Data Privacy Day” or “Data Protection Day”. The purpose of this day is to raise awareness and promote privacy and data protection best practices. It is 'celebrated' in the United States, Canada, and 47 European countries. At the occasion of “Data Protection Day 2016”, we have listed our 2015 highlights, and briefly look ahead at what to expect for 2016. Highlights 2015 1. Data Retention In June…...

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E-commerce alert: New information obligations for web shops and online marketplaces On 9 January 2016, EU Regulation 524/2013 on online dispute resolution for consumer disputes entered into force. What’s new? ODR Platform Pursuant to this Regulation, the European Commission has developed/implemented the EU “Online Dispute Resolution” (“ODR”) platform. The ODR platform is an interactive website which can be accessed electronically and free of charge. It is intended to be a…...

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Transitional period for EU-US data flows expires on 31 January 2016: Are you prepared? In October 2015, we reported on the invalidation by the European Court of Justice of the “Safe Harbour” regime for personal data exports from the EU to the US (click here). Following this judgment, many companies operating internationally had to either stop sending personal data collected in the EU to the US (e.g. by moving their…...

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Caroline Docclo in the article 'Le branding des impôts' in La Libre Belgique, 7 November 2015  ...

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I Background It all started in February/March 2015, when university researchers, commissioned by the Belgian Privacy Commission, published a report containing a legal analysis, under Belgian law, of Facebook’s revised terms of use and privacy policy. These allowed Facebook to track both users and non-users across websites and devices, by using social plug-ins and cookies. Facebook was able to monitor both users and non-users in a variety of ways, both…...

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For those who missed the turmoil caused by the ‘Schrems’ judgment of the EU Court of Justice of 6 October 2015, in short, the CJEU: declared the decision of the European Commission, establishing the ‘adequacy’ of the Safe Harbour self-certification system for EU-US data transfers, invalid; rendered all data transfers to the US, based on the Safe Harbour regime, unlawful with immediate effect; and expressly confirmed that national data protection…...

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Legal background Almost every company somehow processes personal data (data relating to its employees, its customers or suppliers, data collected by cookies or website plugins, etc.). According to EU data protection legislation, any such personal data may freely circulate within the EEA. Conversely, any transfer/flow of personal data outside the EEA is only allowed if the third country concerned ensures an ‘adequate level of protection’. The US is not (yet)…...

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Cyberattacks and data breaches: is your company really protected? With the recent news of the Belgian army launching its own ‘cybersecurity unit’ to defend the nation against cyberattacks and to react effectively to such attacks, as well as the increasing number of companies (both multinationals and SME’s) that have become victims of such attacks (e.g. the Heartbleed bug), cybersecurity and data protection have become key concerns. It is, therefore, not…...

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Yves Van Couter and Stéphanie De Smedt contributed to the book "Law, Politics and Revenue Extraction on Intellectual Property". Prof. Mei-Hsin Wang interviewed Yves Van Couter & Stéphanie De Smedt Book description and order: here...

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1   Introduction La loi du 31 janvier 2009 relative à la continuité des entreprises (LCE) prévoit la possibilité pour le débiteur de conclure deux types d’accord amiable : l’accord amiable en dehors de la procédure de réorganisation judiciaire (article 15 LCE) et l’accord amiable dans la procédure de réorganisation judiciaire (article 43 LCE). Ces accords amiables fonctionnent de manière similaire : ils supposent un accord entre le débiteur en difficultés…...