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.

Le régime de congé parental corona a cessé de s'appliquer le 1er octobre 2020. Cependant, alors que la deuxième vague du coronavirus menace de mener à la fermeture (partielle) de plusieurs écoles et institutions, de nombreux parents sont inquiets. Le nouveau gouvernement De Croo avait toutefois déjà prévu une première mesure sociale comme solution dans l'accord de coalition.

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.

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.

Plus de deux ans après l’entrée en application du RGPD, le principe de transparence qu’il consacre conserve une grande importance. Il est crucial de mettre à jour de façon régulière la notice d’information pour veiller à l’adapter à l’évolution de l’entreprise et de la jurisprudence des autorités nationales de protection des données.

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?

Environ 7.000 entreprises devront prochainement reprendre le processus des élections sociales. Celui-ci avait été suspendu en mars dernier en raison de la crise du coronavirus. Quels sont les premiers to do’s pour les employeurs dans les prochains jours ?

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.

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.

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.

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.

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.

The Belgian Supreme Court recently made it clear that former directors, after the end of their mandate, can in principle perform competing activities.

Brexit has so far been a long story of postponements and cancellations, for both negotiators as well as companies. However, it now seems inevitable that a conclusive outcome will finally arrive.

Forget the clichés – cybersecurity is not just an IT issue, it is a company-wide issue. From the chair(wo)man of the Board of Directors to the newest intern, every person in an organisation can be both a cybersecurity threat and a cybersecurity asset.