BELGIUM
Since July 2000
Since 2013
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)
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.
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
Sources
BELGIUM
Since April 2019
Since June 2022
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
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.
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
Sources
- https://web.archive.org/web/20241129132510/https://www.ejustice.just.fgov.be/eli/loi/2022/06/19/2022015053/justel
- https://web.archive.org/web/20240503010947/https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1571326093909&uri=CELEX:32019L0790
- https://web.archive.org/web/20230922021725/https://www.create.ac.uk/cdsm-implementation-resource-page/
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BELGIUM
Since December 1981
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty
Belgium is a signatory of the Patent Cooperation 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 (Code de Droit Économique, Livre XI, Propriété Intellectuelle)
Book XI (Intellectual Property Rights and Trade Secrets) of the Belgian Code of Economic Law (Code de Droit Économique, Livre XI, Propriété Intellectuelle)
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, although 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, although it is not literally incorporated into Belgian copyright law.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240405000639/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...
- https://web.archive.org/web/20240228120904/https://etaamb.openjustice.be/nl/wet-van-30-juni-1994_n2008001061.html
- https://web.archive.org/web/20231203104511/https://finniancolumba.be/en/copyright-2/frequent-questions-belgian-copyright/
- https://web.archive.org/web/20240224062611/https://economie.fgov.be/nl/themas/intellectuele-eigendom/intellectuele-eigendomsrechten/auteursrecht-en-naburige/auteursrechten/gebruik-van-beschermde-werke...
- https://web.archive.org/web/20231207203144/https://www.deauteurs.be/dossiers/auteursrecht/wat-zijn-de-uitzonderingen-op-het-auteursrecht/
- https://web.archive.org/web/20231225202237/https://digital-strategy.ec.europa.eu/en/policies/copyright-legislation
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BELGIUM
Since August 2006
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Belgium and the European Union have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. Belgium ratified the Treaty on 30 May 2006, with its provisions coming into force on 30 August 2006. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal
BELGIUM
Since August 2006
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Belgium and the European Union have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Belgium ratified the Treaty on 30 May 2006, with its provisions coming into force on 30 August 2006. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal
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
Sources
- https://web.archive.org/web/20231217080949/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32016L0943
- https://web.archive.org/web/20231218112106/http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&table_name=loi&cn=2018073018
- https://www.wipo.int/wipolex/en/legislation/details/18390
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BELGIUM
Since May 2014
Pillar Telecom infrastructure & 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 Belgian market, passive infrastructure sharing is mandated both in mobile and fixed sectors. 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 must 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://web.archive.org/web/20240329063521/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32014L0061
- https://web.archive.org/web/20220318100853/https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/swd/2020/0111/COM_SWD(2020)0111(PAR04)_EN.pdf
- https://web.archive.org/web/20211026030924/https://ec.europa.eu/newsroom/dae/redirection/document/9871
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BELGIUM
Since March 1991
Pillar Telecom infrastructure & 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 owns 53.51% of the shares of incumbent telecommunications company Proximus, formerly Belgacom.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230324225317/https://www.proximus.com/nl/investors/shareholder-structure.html
- https://web.archive.org/web/20210226195145/https://www.bpost.be/site/nl/docs/postgroup/wetloi91.pdf
- https://web.archive.org/web/20210919141038/https://www.vlaamseregulatormedia.be/nl/2-mediagroepen-in-vlaanderen/27-proximus-nv
- https://web.archive.org/web/20230606035156/https://www.proximus.com/nl/our-company/company_history.html
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BELGIUM
N/A
Pillar Telecom infrastructure & 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 January 1993
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
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)
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