Database

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BELGIUM

Since March 1991

Pillar Telecom infrastructure & competition  |  Indicator 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

BELGIUM

N/A

Pillar Telecom infrastructure & competition  |  Indicator 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

N/A

Pillar Telecom infrastructure & competition  |  Indicator 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  |  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
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[{"post_id":"97583"},{"post_id":"97584"},{"post_id":"97585"}]
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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

AUSTRIA

Since June 2014
Since May 2014, last amended in July 2022

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

Federal Act of 8 March 1979 Establishing Provisions for the Protection of Consumers (Consumer Protection Law) (Bundesgesetz vom 8. März 1979, mit dem Bestimmungen zum Schutz der Verbraucher getroffen werden (Konsumentenschutzgesetz – KSchG))
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Federal Act of 8 March 1979, Establishing Provisions for the Protection of Consumers (Consumer Protection Law).
Coverage Horizontal

AUSTRIA

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
Austria has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

AUSTRIA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Austria 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

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