As a business owner, when you import authentic trademarked products from outside the European Economic Area (EEA) without the explicit consent of the trademark owner, you expose yourself to significant legal...
Is commercial R&D still ‘scientific research’ under the GDPR?
If you as a company use personal data for innovation or product development, qualifying that activity as ‘scientific research’ is important to be able to use a more...
Do you own the copyright to a logo you designed with AI?
More and more entrepreneurs and designers are using generative artificial intelligence (AI) to create logos or other imagery quickly and cost-effectively. The logical question that follows is whether you...
Does an unclear contract clause automatically make an agreement with the bank unlawful?
When you terminate your relationship with a bank as a consumer, may the bank charge unexpected transfer fees if the terms and conditions are unclear? The Supreme Court ruled in a Jan. 29 ruling that...
May a general contractor share all residents' contact information with subcontractors?
A general contractor may share buyers' contact information with subcontractors if it is compatible with the original purpose for which the data was collected, such as coordination of construction work. The...
Who is entitled to a trade name in a dispute over prior use?
The right to a trade name arises from its initial public use. But what happens if this use stops temporarily, or if in the meantime another party uses a very similar name or domain name...
Do you have to pay a cancellation fee if you cancel your participation in a fair?
When, as a company, you unilaterally cancel a contract, such as for a trade show participation, paying a cancellation fee depends on the qualification of the contractual provision. A recent ruling shows...
Is VAT due on the increased fee for playing music without a license?
If, as a business owner, you play music recordings in your business without a prior license, and have to pay an increased legal fee for doing so, this entire fee is subject to VAT. The General Court ...
Business email addresses and GDPR: may you use contact information from the CBE for B2B marketing?
Many businesses live under the assumption that business contact information, such as that of company executives in the Crossroads Bank for Enterprises (CBE), may be freely used for commercial purposes. A...
Press freedom vs. reputational damage: when does a lawsuit against a journalist become a SLAPP?
A politician may sue a journalist for slander and defamation, but the threshold for success is particularly high. In a Feb. 12, 2026 ruling, the court confirmed that investigative journalism about the conduct...
End of the cookie banner in sight? The impact of the Digital Omnibus regulation
The European Commission has launched a proposal with the Digital Omnibus Regulation that could dramatically change the digital landscape. This proposal aims to radically simplify cookie rules by...
Is online stalking via social media a printing press crime?
The answer in most cases is no. When a person uses social media for the primary purpose of harassing, bullying or disturbing the peace of another, the Supreme Court does not consider it to be a...
Counterfeit seizure dismissed: the impact of the Bolar exemption and the duty to disclose
In a judgment dated July 17, 2025, the Brussels Court of Appeal tightened the bar for obtaining a seizure for counterfeiting. The Court ruled that there can be no infringement when acts...
Second request for seizure regarding counterfeiting: when are new evidence valid?
In intellectual property law, counterfeit seizure is an important weapon to secure evidence of infringement. But what happens if your initial request is denied? Can you just test new...
Court of Cassation confirms: symbolic GDPR fine of 1 euro is possible
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...
High-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...





