Database

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BELGIUM

Since March 2010, entry into force in May 2010, last amended in 2018
Since February 2019

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)

Decision of the Flemish Government Concerning the Participation of Private Non-Linear Television Broadcasters in the Production of Flemish Audiovisual Works (Arrêté du Gouvernement flamand relatif à la participation d'organismes privés de radiodiffusion télévisuelle non linéaire à la production d'oeuvres audiovisuelles flamandes source autorite flamande)
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Belgium, the EU Directive on Audiovisual Media Services is implemented in the three separate language communities. An example is the Decree on Radio and Television Broadcasting (Flemish Community), which, according to Art. 157, requires the programme catalogues of non-linear television broadcasters (VOD) to include at least 30% European works, with a significant proportion being Dutch-language European works. Additionally, the Flemish Government may set quotas to define what constitutes a significant proportion of Dutch-language European works.
Moreover, VOD services providers must contribute to the production of Flemish audiovisual works either through direct financial involvement or by contributing to the Flemish Audiovisual Fund. These contributions support high-quality, independent Flemish co-productions in series format.
According to Art. 3 of Decision of the Flemish Government Concerning the Participation of Private Non-Linear Television Broadcasters in the Production of Flemish Audiovisual Works, each year by 15 February, VOD services providers must send a registered letter to the Flanders Audiovisual Fund (VAF), the Flemish Regulator for the Media, and the Flemish Government, specifying their chosen form of participation in Flemish audiovisual production and the corresponding financial contribution. If no letter or required documents are submitted, the broadcaster is automatically considered to have opted for a fixed financial contribution of EUR 3,000,000 to the VAF. This amount is indexed annually, starting from 1 January 2020, based on the price index as defined in the Royal Decree of 24 December 1993.
Coverage On-demand audiovisual service

BELGIUM

Since June 2014
Since February 2013, last amended in April 2022

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Code of Economic Law (Code de Droit Economique)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Chapters VI.-XII on Market Practices and Consumer Protection of the Code of Economic Law.
Coverage Horizontal

BELGIUM

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (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
Belgium has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

BELGIUM

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Belgium has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

BELGIUM

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Belgium has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

BELGIUM

Since July 2000
Since 2013

Pillar Intermediary liability  |  Sub-pillar Safe harbour 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 (Livre XII, Droit de l'Économie Électronique, dans le Code de Droit Économique)
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 harbour. 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, caching 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 its 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 2005

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Electronic Communications Act of 13 June 2005 (Loi relative aux Communications Électroniques - 13 Juin 2005)
Providers of electronic communication services have the legal obligation to identify their customers, as regulated by the Electronic Communications Act.
Coverage Electronic communication services

BELGIUM

Since April 2019
Since June 2022

Pillar Intermediary liability  |  Sub-pillar Monitoring requirement
Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC

Law transposing Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on Copyright and Related Rights in the Digital Single Market and Amending Directives 96/9/EC and 2001/29/EC
Art. 17 of Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive) mandates that providers of content-sharing services seek authorisation from rights holders and implement technical solutions to remove and prevent unauthorised uploads by their users (so-called upload filters), under penalty of losing their liability safe harbour. Further arrangements are envisaged for complaints and dispute resolution mechanisms. Such upload filters are reported to be a significant cost for online platforms. Graduated exemptions are expected to be put in place for new providers active in the EU for less than three years with a turnover under EUR 10 million and with fewer than five million users. The provision is subject to a challenge in the Court of Justice by Poland (C-401/19)
In 2022, the Chamber of Representatives adopted the Law Transposing Directive (EU) 2019/790, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
Coverage Online content sharing service

BELGIUM

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an 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 (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  |  Sub-pillar 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

BELGIUM

Since April 2016, entry into force in May 2018
Since July 2018

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
General Data Protection Regulation (Regulation 2016/679)

Act of 30 July 2018 on the Protection of Natural Persons with Regard to the Processing of Personal Data (Loi relative à la Protection des Personnes Physiques à l'égard des Traitements de Données à Caractère Personnel)
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Belgium implemented the GDPR in 2018 through the Act on the Protection of Natural Persons with Regard to the Processing of Personal Data.
Coverage Horizontal

BELGIUM

Since July 2000
Since 2013

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (e-Commerce Directive)

Book XII, Electronic Commercial Law, of the Belgian Code of Economic Law (Livre XII, Droit de l'Économie Électronique, dans le Code de Droit Économique)
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 harbour. 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, caching 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 its 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 June 2022, entry into force in July 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar 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  |  Sub-pillar 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

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