Partnerblog
Privacy Regulations in the Context of an M&A Process
By now (2021), most companies are familiar with the General Data Protection Regulation (GDPR) and the (main) obligations imposed by it. Yet, we notice that companies are still facing specific issues and challenges regarding them, such as, for example, in the context of an acquisition of shares of a company.
Will the 6pct VAT rate for the demolition and reconstruction achieve its objectives?
In light of the COVID19-pandemic, the government announced it would support the construction business as soon as it took office in 2020. It combined that support with other goals, such as preventing dwellings from becoming too expensive for the most vulnerable people and replacing old energy-consuming housing by more energy-efficient dwellings and thus coming closer to its environmental goals. With that in mind, the Belgian government introduced a 6pct rate applicable to the sale or building of a new dwelling on a plot of land where an old building or buildings have been demolished. The measure is entered into force on 1 January 2021 and is applicable until the end of 2022.
Has the Prohibition on Abuse of Economic Dependence Lived Up to Expectations?
The prohibition on abuse of economic dependence entered into force on 22 August of last year. The anticipated impact on practice was widely discussed. This article summarises the developments so far.
Directors’ Liability
Under Belgian law, legal entities act through their governing bodies. Directors, as members of these governing bodies, are not personally liable for the obligations of the company. However, they are accountable to the company for faults committed in the performance of their task, and they are, in certain circumstances, also accountable to third parties. In this way, directors can become either civilly or criminally liable.
Restructuring and transfer of business in times of covid-19 (2)
A recent summary judgment by the President of the Brussels Labour Court illustrates that the Covid-19 pandemic can have particularly harmful consequences in the context of outsourcing contracts. This judgment also underlines the importance of complying with the procedure of information and consultation in the event of a transfer of undertaking.
Restructuring and transfer of business in times of covid-19
A recent summary judgment by the President of the Brussels Labour Court illustrates that the Covid-19 pandemic can have particularly harmful consequences in the context of outsourcing contracts. This judgment also underlines the importance of complying with the procedure of information and consultation in the event of a transfer of undertaking.
MCC @ Deloitte Legal: Mediation – Communication – Coaching
Mediation, Communication and Coaching (MCC) @Deloitte Legal offers services in constructive conflict management, communication and the development of personal and professional skills (human skill development). The Deloitte professionals at MCC are experts in negotiation & mediation, conflict management, communication, coaching and group dynamics. They serve clients and offer workshops related to these topics, both inhouse and for external parties. In this blog, we hope to illustrate how MCC @Deloitte Legal can support you and your clients.
CJEU: Belgian systems for the recognition of dockworkers partially violates EU law
According to the CJEU, the use of an objective and reasonable system for the recognition of dockworkers to guarantee safety in ports does not infringe the freedom of establishment, the free movement of workers or the free movement of services. Nevertheless, certain elements of the Belgian system contrast with an objective recognition procedure (the composition of the administrative commission and the absence of a reasonable time limit) or are, in some cases, superfluous to the objective. E.g. the fact that workers who are not included in the pool have to reapply for recognition after every (even short-term) employment contract.
Flexibilisation of judicial reorganisation: a useful tool or a vain attempt to support enterprises in times of crisis?
Flexibilisation of judicial reorganisation: a useful tool or a vain attempt to support enterprises in times of crisis? Background: the moratorium
State aid in times of Covid-19
Given the major impact of COVID-19 on the European economy, a reaction from the European Commission on the state aid front was expected. Almost a year ago, on March 19, 2020, the European Commission adopted a Temporary Framework to enable Member States to support the economy in the COVID-19 outbreak. These measures complement many other possibilities under the existing state aid rules as outlined by the Commission in its Communication on a coordinated economic response to the COVID-19 outbreak. As of March 1, 2021, the Commission has adopted over 400 COVID-19 state aid decisions approving national support mechanisms for a total value exceeding €3 trillion.
Contracting with European Institutions: legal issues and practical tips
In 2019, the European Commission alone spent more than €3 billion on public procurement. The contracts of the European institutions are therefore opportunities to be seized. Only few companies are familiar though with the specific legal regime that applies to the conclusion and execution of public contracts of the European institutions. In this article, we highlight certain differences from (Belgian) national public procurement law and provide practical advice to help you engage in tendering for European institutions with confidence.
Legal Entity Management: Beyond Compliance
With a global environment characterised by regulatory change and a growing emphasis on multi-jurisdictional scrutiny and transparency by regulators, stakeholders and investors, effective entity management is entering the public domain.
Cybersecurity Insights for Company Lawyers: Lessons Learned from the Latest Major Hacks
As cybersecurity has become a boardroom topic, legal professionals need to be informed about the corresponding legal risks in order to understand and assess their organization’s exposure, maturity, resilience and readiness as well as the possible legal impact and consequences of a cybersecurity-related incident. One-liners like “It is not about ‘if’ but ‘when’ a cybersecurity incident will happen in your organization,” or “Prepare for the worst, hope for the best,” are frequently used as eloquent calls to action, but what does that mean in practice for company lawyers? The purpose of this blog post is to provide company lawyers with some insights on current cybersecurity matters and to provide a basis for informed discussions about cybersecurity with key stakeholders within their organization, allowing them to ask the right questions to IT Security, to get relevant information from the key business functions and to inform the C-suite and the Board appropriately.
New Collective Bargaining Agreement on Telework during COVID-19 pandemic
As the telework during the COVID-19 pandemic does not perfectly fit with the existing legal systems of occasional or structural telework, employers and employees were confronted during the last year with the absence of a clear legal framework. The new Collective Bargaining Agreement no. 149 of 26 January provides a framework for employers and their employees to make proper arrangements on several aspects of telework.
New Rules on Remote General Meetings Held Using an Electronic Means of Communication
The Act of 20 December 2020 providing for various temporary and structural measures in the framework of the fight against the spread of Covid-19 (the "Act") recently amended the statutory provisions on the holding of general meetings remotely using an electronic means of communication, in particular Articles 5:89 (SRL/BV) and 7:137 (SA/NV) of the Code of Companies and Associations (the "CCA").
Antitrust in 2021: is your business prepared for a tougher enforcement environment?
Antitrust policy and enforcement is now mainstream news: it is front and centre in discussions about large tech players and digital markets; it is a core issue in the debate on sustainability; and it remains a key consideration in global trade negotiations.