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ALTIUS/Tiberghien | December 2020

The retail sector has been one of the sectors most affected by the COVID-19 pandemic and as a result employers therein might be considering dismissing employees for economic or technical reasons. Employers must be aware that most joint committees in the retail sector have entered into collective bargaining agreements (CBAs) obliging employers to first take measures to avoid dismissals and, if dismissals cannot be avoided, to comply with a specific procedure ...

ALTIUS/Tiberghien | December 2020

The International Court of Arbitration of the International Chamber of Commerce (‘ICC’) has issued a revised version of its Arbitration Rules. The 2021 Rules enter into force on 1 January 2021 and aim to make arbitration even more efficient, flexible and transparent ...

ALTIUS/Tiberghien | January 2021

Over the last 4 years, the Belgian Competition Authority (“BCA”) has increasingly scrutinised anticompetitive restraints in vertical agreements and assessed these restraints under Article IV.1 of the Belgian Code of Economic Law and Article 101 TFEU ...

ALTIUS/Tiberghien | January 2021

A new Royal Decree published on 21 January 2021 in the Belgian Official Gazette has temporarily extended the occupational doctor's role in combatting the Covid-19 virus ...

ALTIUS/Tiberghien | February 2021

Traditionally, Belgian labour law distinguishes between two forms of telework, namely structural telework, regulated by the Collective Labour Agreement n° 85, and occasional telework, regulated by the Act on Workable and Agile Work. Since the start of the Covid-19 pandemic, a third category has been added, namely 'Covid telework', which was, at a certain point, recommended but has now been made compulsory again by the government ...

ALTIUS/Tiberghien | February 2021

Introduction On 27 August 2020 the European Commission, on behalf of EU member states, entered into an advance purchase agreement (APA) with AstraZeneca for the production, purchase and supply of the Anglo-Swedish company's COVID-19 vaccine in the European Union.(1) The APA provides for: AstraZeneca's supply of 300 million doses of its COVID-19 vaccine (the initial Europe doses); and an option for the European Union to order an additional 100 million doses (the optional doses) ...

ALTIUS/Tiberghien | February 2021

Introduction On 21 January 2021 a new royal decree was published in the Official Gazette which has temporarily extended occupational doctors' role in combating the COVID-19 pandemic in the workplace ...

ALTIUS/Tiberghien | March 2021

The Court of Justice of the European Union has given a welcome answer to the question of under what circumstances embedding, by means of the technique of framing, should be regarded as a communication to the public that requires the copyright holder’s prior authorisation. In doing so, it has decided not to follow Advocate General Szpunar’s proposed approach (discussed here) ...

ALTIUS/Tiberghien | April 2021

Due to the Covid-19 government measures, most employees work mainly from their home offices from March 2020 onwards. For internationally active employees, the taxation of salaries is linked to the location where the work is carried out. The sudden switch to the home office may therefore have a major impact on the tax position and the net salary of the employees concerned and on the payroll administration of the employer ...

ALTIUS/Tiberghien | May 2021

The health crisis has not eased the tensions between the management and the trade unions of the Belgian National Orchestra (“BNO”). The pandemic has even caused an additional outbreak of ‘fever’, which even a Brussels Court of Appeal ruling on 7 May 2021 will probably not be enough to ‘cure’... At issue is the fate of musicians' rights to reproductions and broadcasts of their performances ...

ALTIUS/Tiberghien | May 2021

On 3 May 2021, the EU Member states approved “dried yellow mealworms” as a novel food under EU Regulation 2015/2283. According to the applicant, mealworms can be used in a broad range of food products, such as bread, cookies, or pasta. A Commission implementing regulation will follow soon, which marks the final step and formally authorises the novel food. Mealworms are the first insect species to secure clearance as a novel food but more are likely to follow ...

ALTIUS/Tiberghien | June 2021

On Friday 4 June 2021, a new Ministerial Decree was published in the Belgian State Gazette that includes new provisions regarding telework. For the time being, telework remains compulsory and employers remain obliged to register their non-teleworkable positions with the National Social Security Office (NSSO) and to provide workers whose presence at the workplace is needed with a certificate confirming this fact ...

ALTIUS/Tiberghien | March 2022

Non-EEA nationals practising self-employed activities in Belgium must apply for a professional card, unless they can benefit from a legal exemption. Since 1 January 2022 a new and simplified application procedure has come into force in the Flemish region [1]. At the same time, the Flemish government has introduced a new exemption: subject to certain requirements being met, non-EEA nationals taking up a corporate mandate are exempted from the professional card obligation ...

ALTIUS/Tiberghien | March 2022

On 17 March 2022, the Belgian Act transposing the ECN+ Directive and also introducing further amendments into the Belgian Competition Act entered into force. It has introduced merger filing fees, fines for failure to notify mergers and a number of procedural changes that allow a more efficient enforcement and an improved cooperation within the ECN Network ...

ALTIUS/Tiberghien | April 2022

On 31 March 2022, a legislative Act that makes considerable changes to the sale of consumer goods was published in the Belgian State Gazette. This law transposes into Belgian legislation two European directives: EU Directive 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services and EU Directive 2019/771 on certain aspects concerning contracts for the sale of goods ...

ALTIUS/Tiberghien | May 2022

The Belgian Data Protection Authority (“DPA”) has fined Brussels Airport and Brussels South Charleroi Airport 200,000 and 100,000 EUR respectively for their use of thermal cameras during the Covid-19 pandemic. In two extensive decisions (Brussels decisionandCharleroi decision), the DPA has fined the two airports for their use ofthermal cameras ...

ALTIUS/Tiberghien | June 2022

The coming advent of quantum computing technologies will bring important changes to our society. In the medium term, computing calculation power will be multiplied to a level that exceeds our current understanding. This will allow for various new industrial developments and applications. This will also raise a vast number of sensitive legal issues. In this article, ALTIUS summarises what are the key takeaways that you should know about quantum computing ...

ALTIUS/Tiberghien | June 2022

On 28 May 2022, the Belgian law transposing EU Directive 2019/2161 into the Code of Economic Law (CEL) entered into force (the “Omnibus Act”). The Omnibus Act aims to modernise consumer protection given the increasing development of e-commerce. In addition to new transparency obligations for online marketplaces, the Omnibus Act has new general information obligations, and new unfair commercial practices and obligations for price reduction announcements that apply to all retailers ...

ALTIUS/Tiberghien | July 2022

The European Commission has presented its Proposal for a Regulation on the European Health Data Space (the “Proposal”). While it aims to strengthen the rights of individuals and unlock data’s potential for research purposes, it also adds complexity to an already extensive legal framework. Here is what you need to know: In its 2020 Data Strategy, the European Commission outlined a plan to unlock the untapped potential of the EU data economy ...

ALTIUS/Tiberghien | July 2022

Even though Belgium is lagging behind when it comes to enacting specific legislation, companies doing business in Belgium should be aware of the risk of being held accountable for human rights violations or environmental pollution up or down their value chain. Human rights violations are a ‘hot’ topic and businesses are confronted with ethical challenges in this respect ...

ALTIUS/Tiberghien | July 2022

In a ruling of 19 April 2022, the Belgian Supreme Court decided that an A1-certificate issued by a competent foreign authority to a posted worker does not exclude compliance with the DIMONA obligation. Does this mean that all foreign employers posting employees to Belgium must now file both a LIMOSA and a DIMONA declaration? This article sheds some light on the scope of the Supreme Court’s decision and the particular context in which it was taken ...

ALTIUS/Tiberghien | January 2023

Hemp seeds have been eaten in the EU for a long time. The seeds may contain trace amounts of tetrahydrocannabinol (THC) because this cannabinoid is a natural constituent of the cannabis plant from which the seeds originate. The EU regulator has decided to harmonize the maximum levels for THC in hemp seeds throughout the Union within the food contaminants framework. Commission Regulation 2022/1393 of 11 August 2022 amends the annex to Regulation No1881/2006 on food contaminants to this effect ...

ALTIUS/Tiberghien | February 2023

On 23 December 2022, the Brussels Court of Appeal (“Market Court”) rejected Carrefour Belgium’s application for the suspension of the Belgian Competition Authority’s (“BCA”) decision of 9 November 2022 authorising the concentration between Intermarché AB (“ITM”) and Mestdagh ...

ALTIUS/Tiberghien | February 2023

Introduction Mdeon, the legally recognised Belgian ethical platform for healthcare professionals and the pharmaceutical industry, announced several new ethics rules applying from 1 January 2023. The present blog post discusses their practical importance for the broader healthcare community, and particularly (i) several new ethic rules in light of the ascendant trend of virtual and hybrid scientific events, and (ii) new maximum hospitality amounts that can be offered to healthcare professionals ...

ALTIUS/Tiberghien | February 2023

Employees terminated in the frame of a collective lay-off may participate in a redeployment cell, which helps them to find new employment. Any participating employee is entitled to a monthly reorientation indemnity equal to his/her salary inclusive benefits during a period of 3 or 6 months. The employer pays the reorientation indemnity ...

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