Joris Deene
When the Data Protection Authority (GBA) Dispute Chamber is conducting an investigation, interim decisions are sometimes made, such as about splitting a file. Can an affected company...
Phishing via Facebook Marketplace and Payconiq: should the bank refund your stolen money?
Have you been a victim of phishing through platforms such as Facebook Marketplace, where your bank account was looted? In most cases, the bank is required to refund this amount to you in full.
How long may an employer keep your e-mail address after you leave?
In principle, an employer may not keep a former employee's e-mail address active for more than one month after leaving employment, with a possible extension to a maximum of three months in exceptional cases. The...
Is compensation automatically due after a conviction by the European Commission for a cartel violation?
Those who are victims of anti-competitive agreements (a cartel) are in principle entitled to compensation. A ruling by the Brussels Court of Appeals on Nov. 18, 2024 in the “Elevator Cartel...
May a seizure regarding counterfeiting continue after patent expiration?
The term of protection of a patent is finite. Once it expires, the market is basically free. But what happens to products that were seized just before this expiration date because of alleged...
Phishing and bank fraud: when should the bank refund your stolen money?
Are you dealing with money that disappeared from your account due to phishing or bank fraud? In many cases, the bank refuses repayment by citing ‘gross negligence. A ruling from the...
When is a failed investment actionable scam?
When promised profits fail to materialize, investors often feel cheated. But is a ‘bad deal’ or an unfulfilled promise also legally actionable fraud? The answer is nuanced:...
Right to be forgotten: when are default Google refusals insufficient?
Want to have outdated or unjustified information about yourself removed from Google search results, but catch a bone with a standard email? A ruling by the Brussels Market Court on Nov. 12, 2025, confirms...
Can you continue to use a trademark for a plant variety after a license expires?
Upon termination of a license agreement, an ex-licensee may no longer use a protected trademark in commerce. Although the plant breeder's right to a plant may expire - leaving the plant itself...
Press freedom vs. reputational damage: How far may investigative journalism go on sensitive social issues?
In a democratic constitutional state, the right to privacy and freedom of the press frequently clash, especially when it comes to controversial topics such as radicalization. The European Court of Human Rights...
Breach of contract in long-term service contracts: is a high severance payment always valid?
Many business owners and liberal professionals sign long-term contracts for services such as IT support, website hosting or printer leasing. But what if you want to get out early? Often the supplier then claims a sky-high...
Can modifying a European patent application undermine the validity of your Belgian patent?
Yes, absolutely. Although a Belgian patent is independent of a European patent, the Dutch-speaking Enterprise Court in Brussels ruled in a Sept. 2, 2025 ruling that radically curtailing...
Is the bank liable for phishing if private funds are stolen from a professional account?
Phishing remains a huge nuisance, with fraudsters becoming increasingly inventive in their methods. A complex issue arises when fraudsters first transfer private funds to the victim's company account in order to...
Crypto assets in Belgium: an analysis of the law of 11 December 2025, and the implementation of MiCa
On December 24, 2025, the Belgian Official Gazette published the law of December 11, 2025, which introduces new rules for crypto. This law implements the European MiCA Regulation 2023/1114 (Markets in Crypto-Assets) and...
Can the name of a famous author be a valid trademark?
Is it possible to register the name of a world-famous author as a trademark, even when the copyright on their works has expired? This is a question that heirs and foundations often ask in order to control...
Does a hotel have to pay copyright royalties for unoccupied rooms?
Many hotel and B&B operators struggle with the question of whether they should pay fees to management companies (such as Sabam) for rooms that are not rented out. In a ruling dated December 18, 2025...
Are you permitted to use street art or buildings in public spaces in your advertising campaigns?
Many companies use urban landscapes as a backdrop for their marketing materials, but this often raises questions about the copyright of visible works of art or buildings. The short answer is: yes, in Belgium...
When should you be informed about the protection of your personal data when using body cameras?
When inspectors use body cameras on public transport, they must immediately inform passengers about the processing of their personal data. On December 18, the Court of Justice of the European Union...
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