Does the coronavirus crisis allow me to rely on ‘hardship’ towards private contract parties? (Altius)

Authors: Fauve Bex, Charlotte Vermeersch and Alexander Hansebout (Altius) Publication date: 12/03/2020 The coronavirus crisis could make the ability of a business to perform pending contracts harder. Even though so-called ‘hardship’ clauses are perfectly valid and enforceable under Belgian law, hardship is not generally accepted as a principle of Belgian contract law. Until the rules on…

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Is my cancellation clause robust? (Altius)

Authors: Fauve Bex, Charlotte Vermeersch and Alexander Hansebout (Altius) Publication date: 12/03/2020 Service providers generally provide for a cancellation clause in their contracts or general conditions. During the coronavirus crisis such clauses are now being tested. So, are such clauses enforceable? In a B2B relationship, the parties are free to agree on the consequences of a cancellation or…

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Night work in e-commerce in 2020: nothing new under the sun? (Altius)

Author: Astrid Caporali (Altius) Publication date: 17/02/2020 With e-commerce growing at an unprecedented rate all over the globe, in the past few years the Belgian legislator has taken several measures – both temporary and permanent – to make Belgium a more attractive hub for e-commerce activities. Amongst other things, such measures were meant to facilitate…

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The CEPANI 2020 Arbitration Rules: 10 noteworthy changes (Altius)

Author: Alexander Hansebout (Altius) Publication date: 23/12/2019 CEPANI, the Belgian Center for Arbitration and Mediation, has issued a revised version of its Arbitration Rules (“Rules”). The 2020 Arbitration Rules mark CEPANI’s 50th anniversary and enter into force on 1 January 2020. The general purpose of the revision has been to modernise the Rules, to remedy previous interpretation issues,…

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Whistleblowing employees soon to be protected against retaliation measures? (Altius)

Authors: Philippe De Wulf and Emma Van Caenegem (Altius) Publication date: 12/11/2019 On 7 October 2019, the EU Council approved the Directive on the protection of persons who report breaches of Union law. This Whistleblower Directive seeks to introduce effective whistleblower protection across the various countries within the European Union. In practice, individuals are often…

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GDPR’s first birthday in six lessons (Altius)

Author: Gerrit Vandendriessche (Altius) Publication date: 04/07/2019 The general data protection regulation (GDPR) just celebrated its first anniversary.  Although it seems that EU businesses and individuals are well aware of its existence, some controllers and processors are still not entirely GDPR compliant.  Others that already underwent GDPR audit, must realize that they need to continuously…

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EU to examine SABAM’s tariffs for festivals and concerts (Altius)

Author: Alexander De Bleeckere and Steffie De Cock (Altius) Publication date: 30/04/2019 Despite its small size, Belgium is a real hotspot for music lovers. It has some world-class concert venues and is the home of countless – some of which are award winning – festivals that cover the entire music spectrum and attract hundreds of thousands…

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Clinical trials and the GDPR: do I really need the participant’s consent? (Altius)

Author: Alexander Schillebeeckx (Altius) Publication date: 02/05/2019 On 23 January 2019, the European Data Protection Board (EDPB) issued its Opinion 3/2019 on the interplay between the General Data Protection Regulation (GDPR; applying since 25 May 2018) and the Clinical Trials Regulation (CTR; probably applying from 2020). In its Opinion, the EDPB has provided clarification on the…

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Consumers to be better protected when concluding online contracts (Altius)

Author: Vera Van Thuyne (Altius) Publication date: 17/04/2019 On 15 April 2019, the Council of the EU formally adopted a draft directive on certain aspects concerning contracts for the supply of digital content and digital services. This was the last approval necessary in order for the draft directive to be adopted. This directive aims to enhance…

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