Database

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BELGIUM

Since 1969, last amended in 2016

Pillar Cross-border data policies  |  Indicator Local storage requirement
VAT Code of 1969 (Wetboek van de Btw)
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 April 1992

Pillar Cross-border data policies  |  Indicator Local storage requirement
Income Tax Code of 1992 (Code des Impots sur les Revenus 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 taxpayer's professional or private premises where the administration can carry out the necessary inspection.
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'BE')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"97583"},{"post_id":"97584"},{"post_id":"97585"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'BE')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'BE')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"EU"}]

BELGIUM

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.8%
Coverage rate of zero-tariffs on ICT goods (%)
78.95%
Coverage: ICT goods

BELGIUM

Reported in 2023, last reported in 2024

Pillar Public procurement of ICT goods and online services  |  Indicator Surrender of patents, source code or trade secrets to win public tenders/Restrictions on technology standards for public tenders
Ban on TikTok
In March 2023, Belgium banned TikTok from all federal government work devices, citing concerns over cybersecurity, privacy, and misinformation. According to the Prime Minister, the decision was based on warnings from the national security council regarding the risks associated with TikTok's data collection practices and the company's obligation to cooperate with Chinese intelligence services. In response, TikTok expressed disappointment, stating that the ban was implemented without citing specific security concerns or consulting the company.
Coverage TikTok

BELGIUM

Since March 2004, last amended in February 2014
Since June 2016, last amended in April 2019

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)

Public Procurement Act (Loi relative aux Marchés Publics - 17 Juin 2016)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
The Public Procurement Act transposes the Utilities Directive into law. Where two or more bids are equivalent under the award criteria of Art. 81, preference is given to those bids that do not contain more than 50% of products from third countries (Art. 61). However, tenders with at least 50% of products from third countries are allowed when competing tenders require equipment with technical characteristics that differ from those of the contracting public authority and which could result in incompatibility or disproportionate costs.
Coverage Selected products including software used in telecommunication network equipment

BELGIUM

Reported in 2020, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Open environment for foreign investment
The regulatory environment does not impose control limits on foreign companies. The country does not have a specific investment law, however investment is regulated within the framework of the Belgian Companies and Associations Code (the "BCCA"), enacted by the Belgian parliament in February 2019.
Coverage Horizontal

BELGIUM

Since June 2022, entry into force in July 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Cooperation Agreement
In November 2022, the Belgian federal and regional governments formalised a cooperation agreement to establish a screening mechanism for foreign direct investment (FDI), which was implemented in July 2023. Subsequently, in May 2023, the Federal Public Service of Economy released draft guidelines to elucidate the scope and procedural framework of this FDI screening mechanism in Belgium. According to these guidelines, the regime is applicable to FDI, which may affect national security, public order, or the strategic interests of Belgium and its federated entities. Under this mandatory regime, strategic non-EU investors are required to notify and obtain prior approval for FDI projects, with the potential for ex officio assessments up to two years post-transaction. The regime encompasses various types of investments, including transactions that result in the acquisition of at least 25% of voting rights in a Belgian target company engaged in critical infrastructures, digital infrastructures, media, data processing or storage, as well as investments in technologies and raw materials essential for strategic sectors such as AI, robotics, semiconductors, cybersecurity, aerospace, defence, energy storage, quantum and nuclear technologies, and nanotechnologies.
Coverage Horizontal
Sources

BELGIUM

Since March 1991, last amended in 2018

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Cabinet Decision Amending the Law of 21 March 1991 on the Reform of Certain Public Economic Enterprises (Loi Modifiant la Loi du 21 Mars 1991 Portant Réforme de Certaines Entreprises Publiques Économiques Afin d'Adapter le Cadre Réglementaire aux Obligations en Matière de Libre Concurrence et d'Harmonisation sur le Marché des Télécommunications Découlant des Décisions de l'Union Européenne)
The Cabinet Decision Amending the Law of 21 March 1991 on the Reform of Certain Public Economic Enterprises 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

BAHAMAS

Since July 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Business License Act, 2023
According to the Bahamas Customs Department, the importation of goods is restricted unless the importer holds a valid business licence issued under the Business License Act.
Under the Business License Act 2023, which repealed the 2010 Act, a licence is required to conduct business in The Bahamas. The Financial Secretary may issue three types of licences: annual, temporary and occasional (Art. 11). Pursuant to Art. 12, any person wishing to engage in a business activity must apply to the Secretary for an annual business licence. In addition, under Art. 13, a foreign person contracting to engage in a temporary business activity must apply for a temporary licence before the commencement of the contract and must pay a tax of 1.5% of the contract value. For commercial sales, an occasional licence may be granted by the Registrar upon application and payment of the prescribed fee (Art. 14). Foreign applicants, however, must obtain the Minister of Finance’s approval for any licence (Art. 21).
Coverage Horizontal

BAHAMAS

Since January 2013, last amended in November 2019

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Guidelines for the Type Approval of Licence
The Utilities Regulation and Competition Authority (URCA) is the body responsible under the Communications Act 2009 for the regulation of the electronic communications sector in the Bahamas. According to Art. 2.1 of the Guidelines for the Type Approval of Licence, an application for type approval can be made by any manufacturer/producer, dealer or importer of a low-power device or a duly authorised agent acting on behalf of the manufacturer. According to Art. 2.3 of the Guidelines, the granting of type approval is based on the URCA receipt of a submission containing adequate test reports and other supporting documents demonstrating compliance with the required standards. The type-approval device must bear the same model number as the test report and include a manufacturer's declaration of conformity. According to Art. 2.4 a declaration of conformity, issued by the manufacturer of the device on company letterhead or letterhead and signed by an authorised representative of the manufacturer, confirming that the device complies with the relevant standards (e.g. radio, health and safety, EMC, etc.) must be submitted.
Coverage Electronic products

BAHAMAS

Since July 2017

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
Payment Instruments (Oversight) Regulation, 2017
According to Art. 7(2)(a) of the Payment Instruments Regulation, a payment institution can only issue payment instruments in Bahamian dollars and issue a payment up to BSD 15,000 (approx. 15,000 USD). According to Art. 2, a payment instrument is any tangible or intangible instrument that enables a person to obtain money, goods, or services or otherwise make a payment or transfer money. As a result, this regulation also affects online payments.
Coverage Horizontal

BAHAMAS

N/A

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
The Bahamas does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

BAHAMAS

Since July 2006
Since June 2003

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Protection Act

Electronic Communications and Transactions Act
The Consumer Protection Act and the Electronic Communications and Transactions Act provide a comprehensive consumer protection framework that also applies to online transactions.
Coverage Horizontal

BAHAMAS

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
The Bahamas has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

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