Joris Deene
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...
Trademark registration and visual similarity: why Puma lost the battle against a Chinese competitor
In a judgment dated Jan. 21, 2026 (T-43/25), the General Court of the European Union ruled that a Chinese clothing manufacturer's logo application does not infringe on Puma's well-known figurative marks. The crux of the...
Influence of press and social media on fair trial: can trial by media lead to acquittal?
Media coverage of criminal cases is of all times, but the speed and impact of social media have changed the dynamic. Suspects often feel publicly condemned even before the judge has turned...
Secretly recording a conversation at work: is it allowed and does it count as evidence?
Can you secretly record a conversation with your boss or colleague to use as evidence later? The short answer is: yes, in principle it is not prohibited to record a conversation in which you yourself are participating, even without...
Can you appeal a procedural interim decision by the Data Protection Authority?
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...
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