The Court of Cassation set an important precedent for GDPR enforcement in Belgium in a judgment dated Jan. 15, 2026. The Court confirmed that the Market Court, as an appellate body, has the power...
Joris DeeneHigh-risk AI under the EU AI Act: is there an escape route through Article 6(3)?
Many providers of AI systems are under the assumption that any application listed in Annex III of the EU AI Act is automatically classified as ‘high risk. This is a...
Copyright protection of furniture design: recent case law on ‘banal’ forms and originality
Is furniture design copyrighted even if it uses common trends or styles? Yes, as long as the design is the result of free and creative choices that reflect the personality of the creator...
Market court whistles DPA back in IAB Europe case: validation action plan declared illegal
On Jan. 7, 2026, the Market Court (Brussels Court of Appeal) issued a ruling in the lingering saga surrounding IAB Europe and the Transparency & Consent Framework (TCF). The Court ruled that the...
May a former employee take source code to a competitor? Software and trade secrets
The short answer is no. When an employee leaves a company, he may not take or keep source code, software structures or technical documentation, even in a “private folder” or for...
Misleading advertising in the telecom industry: may a provider promise ‘Fiber’ over a coaxial cable?
On Feb. 4, 2026, the president of the Antwerp Enterprise Court ruled in a case between Proximus and Telenet. The key question: may a telecom operator use the terms ‘fiber’ or ‘fiber optic...
May an organization keep personal data pseudonymized after an erasure request?
In a judgment dated Jan. 7, 2026, the Brussels Market Court nuanced the rules regarding the ‘right to oblivion’ (right to data erasure). The key question was whether a collection agency is obliged to...
Is Apple liable for illegal loot boxes in apps?
In-app purchases and so-called ‘loot boxes’ are a gray area where consumer law and gaming law collide. The Antwerp Enterprise Court, Antwerp Division ruled in a judgment dated 16...
Design modified or sold separately: am I entitled to additional royalties?
Many designers and creative agencies work with licensing agreements where they receive a percentage (royalty) on the sale of their creations. But what happens if the manufacturer decides to license only a part...
Descriptive trade name and likelihood of confusion: how to protect your business name in the face of competition?
A trade name is created by its first public use, with no registration required. But what if your chosen name is merely descriptive, such as “Doctor's House”? In a ruling from 15...
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