BELGIUM
Since July 2000
Since 2013
Since 2013
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (e-Commerce Directive)
Book XII, Electronic Commercial Law, of the Belgian Code of Economic Law
Book XII, Electronic Commercial Law, of the Belgian Code of Economic Law
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbor. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
Book XII of the Belgian Code of Economic Law transposes the Directive 2000/31/EC. Chapter 6, "Liability of intermediary service providers", of the Belgian Code of Economic Law includes specific provisions related to a safe harbour for information service providers providing mere conduit, catching and/or hosting activities.
The Belgian Code of Economic Law does not require service providers to remove illegal content as long as they are unaware of their illegal nature. As soon as the provider is aware of the illegal content, there is an obligation to remove the content. Internet intermediaries are thus passive in their responsibility and liability for the content on their platforms.
Book XII of the Belgian Code of Economic Law transposes the Directive 2000/31/EC. Chapter 6, "Liability of intermediary service providers", of the Belgian Code of Economic Law includes specific provisions related to a safe harbour for information service providers providing mere conduit, catching and/or hosting activities.
The Belgian Code of Economic Law does not require service providers to remove illegal content as long as they are unaware of their illegal nature. As soon as the provider is aware of the illegal content, there is an obligation to remove the content. Internet intermediaries are thus passive in their responsibility and liability for the content on their platforms.
Coverage Internet intermediaries
BELGIUM
Since April 1992
Pillar Cross-border data policies |
Sub-pillar Local storage requirement
Income Tax Code of 1992
Arts. 315 and 315 bis of the Income Tax Code require that the books and records necessary to determine the amount of taxable income must be kept by companies for seven years following the taxable period. The documentation must be kept in the professional or private premises of the taxpayer where the administration can carry out the necessary inspection.
Coverage Horizontal
BELGIUM
Since January 1993
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Presence of an independent telecom authority
It is reported that the Belgian Institute for Postal Services and Telecommunications, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
BELGIUM
Since 1969, last amended in 2016
Pillar Cross-border data policies |
Sub-pillar Local storage requirement
VAT Code of 1969
All incoming and outgoing invoices must be stored on Belgian territory for seven years. However, invoices which are stored electronically and which guarantee full online access to the data concerned in Belgium may be stored in another Member State of the European Union on condition that the fiscal administration is informed of this in advance (Art. 60 of the VAT Code). Moreover, taxpayers who are not established in Belgium must provide a Belgian address to the authorities where books, (copies of) invoices and other documents can be provided upon the request of the authorities (Art. 61, § 1 of the VAT Code). This also applies to digital documents.
Coverage Horizontal
BELGIUM
Since March 1991
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Belgian state ownes 53.51% of the shares of incumbent telecommunications company Proximus, formerly Belgacom.
Coverage Telecommunications sector
BELGIUM
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Belgium does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
BELGIUM
Since June 2016
Since July 2018, entry into force in August 2018, last amended in April 2022
Since July 2018, entry into force in August 2018, last amended in April 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)
Law of July 30, 2018, on the Protection of Trade Secrets (Loi du 30 juillet 2018 relative à la protection des secrets d'affaires)
Law of July 30, 2018, on the Protection of Trade Secrets (Loi du 30 juillet 2018 relative à la protection des secrets d'affaires)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. In Belgium, the Directive has been transposed by the Law on the Protection of Trade Secrets (2018).
Coverage Horizontal
BELGIUM
Since May 2014
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
It is reported that in the Belgium market, passive infrastructure sharing is mandated both on mobile and fixed sector. In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator has the obligation to meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector
Sources
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32014L0061
- https://uk.practicallaw.thomsonreuters.com/0-619-9985?transitionType=Default&contextData=(sc.Default)&firstPage=true#co_anchor_a778474
- https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/swd/2020/0111/COM_SWD(2020)0111(PAR04)_EN.pdf
- http://ec.europa.eu/newsroom/dae/document.cfm?doc_id=9871
- https://datahub.itu.int/data/?i=100012&e=BEL
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BELGIUM
Since August 2006
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Belgium has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
BELGIUM
Since August 2006
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Belgium has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
BELGIUM
Since May 2001
Since 1994, last amended in 2018
Since 1994, last amended in 2018
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Directive 2001/29/EC
Book XI (Intellectual Property Rights and Trade Secrets) of the Belgian Code of Economic Law (CEL)
Book XI (Intellectual Property Rights and Trade Secrets) of the Belgian Code of Economic Law (CEL)
There is no general principle for the use of copyright protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional, but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
The Belgian economic code (Title 5 or Book XI) includes various exceptions to copyright. They only apply to lawfully published work. The interpretation is restrictive and follows the three-step test, altough it is not literally incorporated into Belgian copyright law.
The Belgian economic code (Title 5 or Book XI) includes various exceptions to copyright. They only apply to lawfully published work. The interpretation is restrictive and follows the three-step test, altough it is not literally incorporated into Belgian copyright law.
Coverage Horizontal
Sources
- http://www.ejustice.just.fgov.be/cgi_loi/loi_a1.pl?language=nl&la=N&cn=2013022819&table_name=wet&caller=list&N&fromtab=wet&tri=dd%20AS%20RANK&rech=1&numero=1&sql=%28text%20contains%20%28%27%27%29%29#L...
- https://docplayer.nl/13312050-Wet-van-30-juni-1994-betreffende-het-auteursrecht-en-de-naburige-rechten-bijgewerkt-en-gecoordineerd-t-m-30-januari-2012.html
- https://finniancolumba.be/en/copyright-2/frequent-questions-belgian-copyright/
- https://economie.fgov.be/nl/themas/intellectuele-eigendom/intellectuele-eigendomsrechten/auteursrecht-en-naburige/auteursrechten/gebruik-van-beschermde-werken/uitzonderingen-op-het
- https://www.deauteurs.be/dossiers/auteursrecht/wat-zijn-de-uitzonderingen-op-het-auteursrecht/
- https://digital-strategy.ec.europa.eu/en/policies/copyright-legislation
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BELGIUM
Since December 1981
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty
Belgium is a signatory of the Patent Cooperation Treaty.
Coverage Horizontal
BELGIUM
Since July 2001, last amended in 2014
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Book XI (Intellectual Property Rights and Trade Secrets) of the Belgian Code of Economic Law (CEL)
According to Title 1, Chapter 3 of Book XI of the Belgian Code of Economic Law (Article XI.62), natural persons and legal entities who do not have a residence or actual establishment in a EU Member State must be represented by an authorized agent when appearing for the Invention Patent Office to file a request for a Belgian patent.
Coverage Horizontal
Sources
- https://www.diekeure.be/cmsfiles/kernwoorden_octrooien_in_belgi%C3%AB.pdf
- Official
- text
- (Dutch):
- http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?cn=2013022819&la=N&language=nl&table_name=wet
- Official
- text
- of
- the
- Patents
- Act
- of
- March
- 28
- 1984
- (Dutch):
- https://wipolex.wipo.int/en/text/490605
- https://content.next.westlaw.com/Document/I4ab3e9e6b60a11e598dc8b09b4f043e0/View/FullText.html?transitionType=Default&contextData=(sc.Default)&firstPage=true
- https://economie.fgov.be/en/themes/intellectual-property/institutions-and-actors/need-expert
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BELGIUM
Since March 2019
Since June 2022
Since June 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Regulation 2019/452 establishing a framework for the screening of foreign direct investments
Cooperation Agreement
Cooperation Agreement
Under the Regulation 2019/452, Member States may maintain their existing investments screening mechanisms (21 Member States currently do), adopt new ones or remain without such national mechanisms. The Commission keeps an up-to-date list of screening laws in the EU. Member States must notify the Commission who may issue an opinion when an investment threatens the security or public order of more than one Member State, or when an investment could undermine a strategic project or programme of interest to the whole EU, such as Horizon 2020 or Galileo. The final decision remains with the Member State.
The Cooperation Agreement (2022) establishes a screening mechanism of general application for foreign direct investments into Belgium. The Agreement applies to foreign direct investments by foreign investors that can have effects on security, public order or the strategic interests of the regions and communities. However, as of 2022, no cases of investment blocking in sectors relevant for digital trade are known to have occurred in Belgium.
The Cooperation Agreement (2022) establishes a screening mechanism of general application for foreign direct investments into Belgium. The Agreement applies to foreign direct investments by foreign investors that can have effects on security, public order or the strategic interests of the regions and communities. However, as of 2022, no cases of investment blocking in sectors relevant for digital trade are known to have occurred in Belgium.
Coverage Horizontal
Sources
- https://eur-lex.europa.eu/eli/reg/2019/452/oj
- https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://foreigninvestment.bakermckenzie.com/2022/06/20/belgium-to-introduce-foreign-direct-investments-regime/
- https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://circabc.europa.eu/rest/download/7e72cdb4-65d4-4eb1-910b-bed119c45d47
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BELGIUM
Since March 1991, last amended in 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Cabinet Decision amending the Law of 21 March 1991 on the reform of certain public economic enterprises
The Cabinet Decision in 2015 made it possible for private investors to invest in telecom provider Proximus to the extent that the government's stake could fall below 50%+1 share with a resolution approved by the Council of Ministers. This is also explicitly mentioned in Art. 54/6 of the Law of 21 March 1991 on the reform of certain public economic enterprises. Although private, including foreign, investment in Proximus is possible, the government screens the investment guided by the strategic importance of a stake in the company concerned, the need for Belgian anchoring, the essential contribution that the company can make to the pursuit of sustainable economic growth, its social usefulness and its impact on employment.
Coverage Proximus
Sources
- https://www.corporategovernancecommittee.be/sites/default/files/generated/files/legal/wet_16_december_2015.pdf
- https://www.proximus-cdn.com/dam/jcr:4a02d7e6-e606-4014-b79b-8e56375a164b/11-Bylaws-Proximus-with-proposed-changes_en.pdf
- https://www.eubelius.com/en/news/proximus-and-bpost-one-step-closer-to-privatisation
- https://www.lexgo.be/nl/switchToPdf.php?module=article&ID=100843&ln=nl
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