IBLS Internet Law Digital Library
| # | Title / Abstract | Date |
| 1 | 1535 - Merger Control In Belgium
Belgium is one of the founding members of the European Economic Community (EEC), back in 1958, now European Union (EU). Its competition law follows closely the EU model. As far as concentrations are concerned, it applies where a merger, acquisition or a joint venture does not fall into the scope of the EC Merger Control Regulation, i.e. Community dimension thresholds are not attained. It applies also if these thresholds are reached, but the European Commission decides to refer a given operation to the Belgian authorities, because it affects importantly the market of this country.The following questions have been addressed in this article: Which operations should be notified to the Competition Council and when (thresholds and triggering events)?
How long does the procedure last?
What is being checked?
What are the parties’ (including third persons’) rights?
What are the sanctions for not complying with merger control rules?
IBLS Editorial Board
Staff Attorney View details... | 4/29/2009 3:05:21 AM |
| 2 | 1585 - Liability For The Creation And/or Distribution Of Viruses Under Belgian Law
This summary discusses the Belgian rules governing the liability for the creation and/or distribution of viruses. The creation and/or distribution of viruses can give rise to liability under civil law as well as under criminal law. The relevant provisions are Article 1382 of the Belgian Civil Code and Article 550ter of the Belgian Criminal Code.
The following questions have been addressed in this article: What is a virus?
What are the main types of viruses?
Is the creation and/or distribution of viruses sanctioned under civil law in Belgium?
Is the creation and/or distribution of viruses criminally sanctioned in Belgium?
Bastiaan Bruyndonckx
Linklaters De Bandt
EU Attorney View details... | 1/26/2009 7:36:40 AM |
| 3 | 1582 - Belgium Regulation on the Sending of Advertising by Electronic Mail
This summary describes the regulation applicable to the sending of advertising by electronic mail in Belgium. It particularly focuses on a Royal Decree that provides for exceptions to the principle that the prior consent of the recipient is required before sending advertising by electronic mail.The following questions have been addressed in this article: What are the principles?
Are there any exceptions to the opt-in system in place?
How should a service provider react when receiving a request from a person not to send him/her advertising by electronic mail?
Bastiaan Bruyndonckx
Linklaters De Bandt
EU Attorney View details... | 10/17/2008 10:23:55 AM |
| 4 | 1777 - Regulation Of Offshore Gambling
Offshore online gambling is a very profitable activity, presenting new challenges to governments and regulatory agencies. E-businesses engaged in offshore online gambling sometimes manage to evade restrictive local laws by using servers located in more liberal jurisdictions. The current global trend seems to be tilting toward the prohibition of offshore online gambling.The following questions have been addressed in this article: How is onshore gambling regulated?
What are the main issues regarding offshore gambling?
How is offshore gambling regulated?
How is offshore online gambling regulated in the United States?
IBLS Editorial Board
Staff Attorney View details... | 6/16/2007 6:46:20 AM |
| 5 | 1326 - Website Holders Must Obtain Consumer’s Informed Consent To Use Cookies And Other Spyware
This summary discusses the Belgian and European rules that apply to the use of spyware (including cookies) in websites. So-called spyware, including hidden identifiers, cookies and other similar devices can enter a user’s terminal equipment without the user’s knowledge in order to gain access to information, to store hidden information or to trace the user’s activities. Such devices may seriously intrude upon the user’s privacy. However, such devices – for instance cookies – can be a legitimate and useful tool, for example in analyzing the effectiveness of website design and advertising, and in verifying the identity of users engaged in on-line transactions.The following questions have been addressed in this article: What are the consequences for website holders who use cookies?
What is the future legal framework?
Are non-EU websites subject to the Directive?
Does this Directive prohibit website owners to make access to specific website content conditional on the acceptance of a cookie or similar device?
Must the website owner obtain the user’s or subscriber’s consent at the occasion of each and every connection?
Bastiaan Bruyndonckx
Linklaters De Bandt
EU Attorney View details... | 2/26/2007 10:45:56 AM |
| 6 | 1290 - Unsolicited E-mail Marketing Campaigns Must Provide For Opt-out And Be Clearly Recognizable As Advertising
This summary discusses the rules governing the dispatch of unsolicited commercial e-mails in Belgium. The summary describes the relevant provisions of the Belgian Data Protection Act of December 8, 1992 as amended by the law of December 11, 1998 (the “DPA”) and the Belgian Trade Practices and Consumer Protection Act of July 14, 1991 (“TPCP Act”).The following questions have been addressed in this article: Is the consent of the addressee of unsolicited e-mails required?
What are the rights of the addressee of unsolicited e-mails?
What specific information must be given to the addressee of unsolicited e-mails?
Is a change of the current opt-out system envisaged?
What other requirements are there for direct e-mail marketing?
Bastiaan Bruyndonckx
Linklaters De Bandt
EU Attorney View details... | 11/1/2006 2:15:14 PM |
| 7 | 1583 - Belgian Draft Bill Relating To Cyber Squatting
A draft bill relating to the abusive registration of domain names has been adopted by the Belgian Chamber of Representatives on 27 February 2003 and subsequently by the Senate on 27 March 2003. This bill should soon be published in the Belgian State Gazette.The following questions have been addressed in this article: What is the scope of application of the future legislation?
What is an abusive registration and which remedies does the act provide?
What are the advantages of this new legislation?
Bastiaan Bruyndonckx
Linklaters De Bandt
EU Attorney View details... | 7/11/2003 3:15:16 PM |
| 8 | 1325 - Electronic Data Recognized As A Signature In The Belgian Civil Code
This summary describes the main rules in terms of evidence in Belgium and particularly focuses on the recent amendments to the Belgian Civil Code in view of recognizing the validity of electronic signatures.The following questions have been addressed in this article: How can electronic transactions be proven?
Will all kinds of electronic signatures be accepted?
Which electronic signature will be accepted?
Bastiaan Bruyndonckx
Linklaters De Bandt
EU Attorney View details... | 3/2/2003 7:36:24 PM |
| 9 | 1324 - Electronic Signature Assimilated To A Hand-written Signature Under Strict Conditions
This summary describes the conditions for the assimilation of an advanced electronic signature to a hand-written signature in Belgium and analyses the role of certification service providers.The following questions have been addressed in this article: What is an electronic signature?
What are the conditions for an electronic signature to be assimilated to a hand-written signature?
What is an advanced electronic signature?
What is a qualified certificate?
How can I obtain a certificate?
Bastiaan Bruyndonckx
Linklaters De Bandt
EU Attorney View details... | 3/2/2003 7:27:34 PM |
| 10 | 1291 - Transfer Of Personal Data To Us Generally Requires Adherence To Safe Harbor, Conclusion Of Model Contract Or Consent Of Data Subject
This summary discusses the rules governing the transfer of personal data from Belgium to the United States of America under the Belgian Data Protection Act of December 8, 1992 as amended by the law of December 11, 1998 (the “DPA”). The DPA implements EU Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data.The following questions have been addressed in this article: To what extent is transfer of personal data to countries outside the EEA allowed?
Does the US legislation provide an adequate level of privacy protection?
How do data controllers in the EEA know to which companies in the US data can be transferred?
Are companies, which have adhered to the Safe Harbor Principles the only US companies that can receive personal data from data controllers in the EU?
Bastiaan Bruyndonckx
Linklaters De Bandt
EU Attorney View details... | 2/17/2003 4:26:35 PM |
| 11 | 900 - Transfer Of Personal Data To Third Countries
By virtue of Directive 95//46/EC, the framework Directive in the field of personal data protection, personal data may only be transferred to Third Countries, if those data benefit from an adequate protection in the country of destination.The following questions have been addressed in this article: What are Third Countries?
What are the so-called Safe Harbours?
What if a US company fails to respect the Safe Harbour Principles, to which it adhered?
How can I know whether a certain company has adhered to the Safe Harbour principles?
Has the Commission already recognized the adequate character of privacy legislation of Third Countries?
Thibault Verbiest
ULYS Law Firm
IBLS Charter Partner View details... | 11/5/2002 4:50:58 PM |
| 12 | 899 - Directive On Privacy And Electronic Communications
With the adoption of this Directive the European Parliament and Council, brought the former Directive 1997/66/CE up in line with the requirements of the Information Society.The following questions have been addressed in this article: Why was such “update” necessary?
What is the interaction between this Directive and the 1995 Directive on the protection of personal Data ?
Can I still use cookies or other invisible tracking devices?
Thibault Verbiest
ULYS Law Firm
IBLS Charter Partner View details... | 11/5/2002 4:44:55 PM |
| 13 | 896 - Regulatory Framework For Electronic Signatures
On 13 December 1999 the Directive on a Community Framework for Electronic Signatures was adopted. It guarantees the legal recognition of electronic signatures in the European Union.The following questions have been addressed in this article: What is an electronic signature?
Is the introduction of legally valid electronic signatures the key solution for the further development of e-com?
If I sign a financial transaction with a “Belgian” electronic signatures, can Italian bank authorities dismiss that on ground of not meeting the criteria established under Italian Law?
Is there a difference between electronic and digital signatures?
Where can I get my electronic signature?
Thibault Verbiest
ULYS Law Firm
IBLS Charter Partner View details... | 10/15/2002 12:04:55 AM |
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