Joris Deene
Are you afraid that an impending press article will damage your good name or privacy and do you want to stop the publication through the courts in advance? The answer in Belgium is almost always no, because of the absolute ban on...
When is a request for access to personal data (GDPR) an abuse of right?
Increasingly, companies are facing individuals who are using the General Data Protection Regulation (GDG or GDPR) purely to claim lucrative damages. The Court of Justice of the European...
Can a critical edition of a public domain work be copyrighted?
Can the reconstruction of a historical manuscript that is in the public domain give rise to a new copyright? The Court of Justice ruled in a March 19, 2026 (C-649/23) ruling that it can, provided that the...
Is the government transparent enough about your data on MyMinfin?
The Belgian Data Protection Authority (GBA) has ruled that the federal government does not always comply with its transparency obligations when processing personal data on citizen platforms. In a...
Photo copyright: the importance of originality and the burden of proof in online publications
Anyone who, as a photographer or journalist, believes that their copyrights are being infringed by an online publication faces a significant burden of proof. The mere fact that you took a picture is not sufficient for...
Who pays for the damage when invoice fraud occurs via a hacked mailbox?
Email invoice fraud, also known as Business Email Compromise (BEC), costs businesses significant sums of money each year. When a debtor pays a counterfeit invoice after the creditor's mailbox is...
May a municipality deploy ANPR cameras against cut-through traffic?
The use of ANPR (Automatic Number Plate Recognition) cameras by local governments to enforce traffic rules is increasing exponentially. A decision by the Belgian Data Protection Authority (GBA) of...
Should a copyright contract for commissioned works always include a price and duration?
As a business owner, when you commission a creative work to order, are you legally required to enshrine in the contract the exact duration and fee for each mode of exploitation? No, fortunately not always...
May an employer fire or reject you because of your social media? The line between privacy and employment law
Online statements on platforms such as Facebook or LinkedIn are increasingly leading to employment disputes. The short answer to the question of whether your social media affects your work is yes: an employer may use your...
Can you pay an invoice without protest and later dispute unilaterally changed pricing terms?
Paying an invoice without reservation generally implies acceptance of that invoice and its terms. When a trading partner unilaterally changes agreed prices or discounts, a timely protest...
Is the syndic or the ACO liable in the event of a data breach?
When a trustee shares personal data of co-owners, the question often arises as to who has ultimate responsibility under the General Data Protection Regulation (AVG/GDPR). The answer is surprising...
Can a company void a B2B contract for misleading information?
Yes, a company can have a B2B contract voided for mistake if it was misled by incomplete or inaccurate information when it was formed. After all, even in business relationships, strict...
Do companies also have to pay a private copy levy on their professional computers and storage media?
The mandatory fee for private copying (known as the private copy levy) is basically charged on all devices and storage media placed on the market, regardless of the purchaser. This is...
Can a competitor counterfeit my product if I do not have a valid trademark?
Under Belgian law, copying a product design is in principle permitted under the system of free competition, unless there is a specific intellectual property right such as a trademark or design...
How specifically should you formulate your arguments in an appeal against the Data Protection Authority?
If you disagree with a decision of the Data Protection Authority (GBA), you can appeal to the Market Court. But what formal requirements must this appeal meet to avoid immediate...
How are damages for trademark infringement calculated in Belgium?
When your company becomes a victim of counterfeiting or trademark infringement, calculating damages is often a complex legal issue. Case law shows that you are entitled to an integral recovery of...
Can you just revive an old festival without involving the trademark owner?
Many successful events from the past have a strong nostalgic value, which makes them commercially attractive. But may you adopt the name and concept of a former festival simply because it is...
Who is liable when a health care provider unlawfully snoops on your electronic patient record?
Hospitals are sometimes confronted with healthcare providers who, out of curiosity, access patients' electronic health records (EHRs) without any therapeutic need. When this happens, it exceeds...
Dutch 
English