Partnerblog
Why the general counsel should care about regulatory compliance software
According to the Legal Departments in a Digital Era report, 72% of legal departments say compliance and risk management are highly important. However, the maturity level is at 34%. Discover the other challenges and more expert insights in this article.
The European Commission unveils proposals for a digital services act and a digital markets act
On 15 December 2020, the European Commission finally unveiled its long-awaited proposals for a Digital Services Act (DSA) and a Digital Markets Act (DMA). The DSA aims to harmonize the liability and accountability rules for digital service providers, while the DMA aims to promote fair and contestable markets in the digital sector.
Birth leave will be extended to 15 days in 2021 and 20 days in 2023
The new Belgian government prioritises the promotion of gender equality and the fight against discrimination based on gender. One of the first steps in this agenda is the extension of birth leave, which is the leave that fathers or co-parents (it is a gender-neutral type of paternity leave) can take at the birth of a child.
The New B2B legislation put into practice: Are you ready?
There have been some major changes in the B2B landscape recently. On May 24, 2019, two new acts bringing some major changes to Belgian competition law and the legal framework of B2B relationships were published in the Belgian Official Journal. Firstly, the Act of April 4, 2019, which introduced new rules for B2B relationships relating to unfair market practices, abuse of economic dependence and unlawful contractual terms. Secondly, the Act of May 2, 2019, which introduced a number of changes to the competition rules (i.e., in Book IV of the Code of Economic Law). All of these changes are now in effect. The new rules on unfair market practices entered into force on September 1, 2019, the rules prohibiting abuse of economic dependence on August 22, 2020. And more recently, on December 1, 2020, the new rules on unlawful contract terms entered into force.
Competition Rules for Vertical Agreements under Review : What’s to come for distribution relationships in the digital age?
Businesses distributing goods and services in the EU rely heavily on the Vertical Block Exemption Regulation (VBER) for legal certainty. It sets out the conditions under which distribution agreements are presumed to comply with the European competition rules. However, certain of its provisions are no longer adapted to recent market developments, notably the growth of online sales and the increased importance of new market players, such as online platforms. Recently, the European Commission proposed a number of changes to the VBER which is currently under review.
How to manage and access the e-mail accounts of ex-employees ?
If an employee leaves the company, can the mailbox remain active for a while and does the employer have access to the e-mails therein? A recent decision of the Data Protection Authority (DPA) clarifies. In this decision, the DPA decided to impose an administrative fine of EUR 15,000 on a company that only closed e-mail addresses linked to former employees (surname and first name) after 2.5 years.
Data protection litigation: preparing to defend yourself – or attack
If people were to look, they would probably conclude that you do not fully comply with data protection rules. Top of the line security always fails somewhere, typically at the human level, and the same reasoning applies to data protection compliance: even if you build your processes, systems and procedures with data protection rules in mind, you cannot prevent every mistake. However mature your organisation may be in data protection terms, there is always a weakness – and non-compliance is then a likely consequence. This provides regulators, competitors and data subjects with opportunities to attack you. Conversely, there may be cases where you wish to use weaknesses of a competitor or adversary against them. Either way, you need to give careful thought to data protection litigation, both as a risk you have to manage and as an opportunity on which you can capitalise. We will examine below practical considerations based on our own experience in cases before the Belgian Data Protection Authority (BDPA), the case law of the BDPA’s Litigation Chamber (and appeals before the Market Court) and commercial disputes in which the General Data Protection Regulation (GDPR) and other data protection rules come into play.
Stibbe organises a webinar on the implications of the groundbreaking Schrems II
On 29 October at 11 am, Stibbe organises a webinar on the implications of the groundbreaking Schrems II decision which annulled the U.S. Privacy Shield and questioned the standard contractual clauses. We will elaborate on the remaining options for international personal data transfers outside of the E.U.”
Proxy Decrees adopted during COVID-19 crisis: practical points of attention for the in-house lawyer
The ongoing COVID-19 crisis has affected all aspects of our daily lives. For in-house lawyers, it is important to keep an overview during these turbulent times. In any case, the regulator does not make things any easier for in-house lawyers with the multitude of regulatory initiatives in response to this crisis. The various federal initiatives are discussed below. On 30 March 2020, the two laws of 27 March 2020, empowering the federal executive power to take measures to combat the spread of the coronavirus (hereafter: “Special Proxy Law I” and “Special Proxy Law II”, collectively the “Special Proxy Laws”), were published in the Belgian Official Journal. These Special Proxy Laws gave the federal executive power the power to amend existing laws in certain matters and under certain conditions by royal decree until 30 June 2020, in order to respond adequately and in a timely manner to the various challenges brought by the COVID-19 pandemic. This article reflects on the practical points of attention in this respect, and explains the impact of the proxy decrees on the daily practice of in-house lawyers.
The EU Copyright Directive: the three most controversial provisions
In April 2019, after years of debate and a rather controversial EU legislative process, the Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (hereafter referred to as the Copyright Directive) was finally adopted. The purpose of this directive was to adapt copyright protection to the digital age in order to create an internal market for digital content and services. Three specific targets were set: (1) to adapt exceptions to reflect the digital and cross-border environment (2) to ensure wider access to content, and (3) to achieve a well-functioning marketplace for copyright.
Can dismissals be justified based on Covid-19?
Can an employer dismiss an employee if the employee has tested positive for Covid-19 and refuses to wear a mask at work or if the employer has experienced a significant drop in revenue due to the crisis?
DUALITY OF FUNCTIONS IN THE INSURANCE SECTOR: GAME OVER?
In this article we have a look at the consequences of a recent communication of the National Bank of Belgium relating tot the duality of functions for corporate mandate holders. With duality of functions we mean the situation in which a person combines the status of employee and independent.
Co-ownership: Majorities and (un)certainties in the event of complete demolition and reconstruction
Plot demolition and reconstruction are far reaching infringements of property rights. It is not self-evident that they can be forced on (co-)owners without their consent. Yet this is the path that the legislator followed in 2018, when the possibility of a four-fifths majority decision was introduced in the general assembly (‘algemene vergadering’) to proceed with the demolition or reconstruction of a plot. However, the Constitutional Court pulled the brakes with a 20 February 2020 ruling, legislating that infringements of property rights must be proportional and necessary in light of the objective pursued. Additional safeguards were therefore introduced by the law of 31 July 2020 to protect that right.
Do's and don'ts in the event of a crisis situation within a company
Companies shouldn't ask themselves if they will ever be faced with a crisis but rather when this will be the case. Modern means of communication present a vast number of opportunities but also entail a wide variety of risks. Managing these risks requires special attention. Without arguing for a moun-tain of paperwork and red tape, we believe it's important for each company to have at least the ap-propriate internal procedures and mechanisms to manage the risks it faces.
Time registration obligation: what if you do not have one (yet)?
The Court of Justice of the European Union (CJEU) ruled in a 14 May 2019 judgment that Member States should provide for mandatory time recording in their legislation. Although Belgium does not have such an obligation so far, the Court’s judgment is not without consequences. This is already evident from a 22 May 2020 judgment by the Labour Court of Brussels, according to which, an employer without a time registration system can no longer assume a purely passive role when an employee claims overtime arrears (without sufficient proof due to a lack of time registration data). The employer will itself have to provide the necessary evidence to dismiss the claim or will risk an order to pay the claimed amount.
Revival of enforcement against vertical relationships may call for a rethink of distribution practices
A €40 million fine was imposed on a clothing company for a new type of competition law infringement as well as behaviour long recognized to constitute a hardcore infringement. The European Commission's Guess decision reflects the current renewed interest in taking enforcement action against vertical agreements and in adapting the competition rules to new business practices.