Joris Deene
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...
May I reuse customer data for marketing another activity?
Many entrepreneurs conduct various commercial activities under the same company. The question often arises whether e-mail addresses collected for one service (e.g., a fitness subscription)...
Fashion or dog accessory? When is there design right infringement?
Having an iconic design, such as a well-known handbag, does not automatically provide protection against any product that “looks a little like it.” In a Brussels Court of Appeal ruling of 13...
Access request GDPR: should you provide and retain copies of contracts?
Does a data subject have a right to a copy of the signed contract when requesting access under the AVG (GDPR)? And what if you can't find this contract due to a filing error? A recent decision by the...
Payment of copyrights to employees: wages or not?
Does compensation received by an employee for the transfer of copyrights constitute wages on which social security contributions (NSSO) are due? In a judgment dated March 3, 2025, the Supreme Court confirmed the...
Transparency under the AI Act: why saying “I'm a chatbot” is not enough
Many companies live under the assumption that the transparency obligations under the European AI Regulation (AI Act) are limited to the simple rule that a chatbot must identify itself as such. This...
Dutch 
English