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

BELGIUM

Since July 2001, last amended in 2014

Pillar Intellectual Property Rights (IPRs)  |  Indicator 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 (Code de Droit Économique, Livre XI, Propriété Intellectuelle)
According to Title 1, Chapter 3 of Book XI of the Belgian Code of Economic Law (Art. XI.62), natural persons and legal entities who do not have a residence or actual establishment in an EU Member State must be represented by an authorised agent when appearing for the Invention Patent Office to file a request for a Belgian patent.
Coverage Horizontal

BELGIUM

Since December 1981

Pillar Intellectual Property Rights (IPRs)  |  Indicator 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

Pillar Intellectual Property Rights (IPRs)  |  Indicator 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)
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.
Coverage Horizontal
Sources

BELGIUM

Since August 2006

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the 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)  |  Indicator Adoption of the WIPO Performances and Phonograms 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

Pillar Intellectual Property Rights (IPRs)  |  Indicator 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)
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 & competition  |  Indicator 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
"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

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