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Commercial law - IP/ICT-law news

Laga newsflashes

Overview of the latest commercial and IP/ICT law news

Is the end of judicial reorganisation through a court-supervised transfer in sight?

31 January 2019

With the Law of 11 August 2018, the Law on the Continuity of Enterprises (LCE) (and the Bankruptcy Law) were incorporated in Book XX of the Belgian Economic Code (BEC).

During this codification, the provisions regarding the ‘LCE 3’-procedure were taken verbatim in the new Book XX BEC.

The ‘LCE 3’-procedure is a judicial reorganisation through a transfer of an enterprise or (part) of its activity under court supervision.

This procedure allows interested buyers to ‘cherry pick’ employees from the enterprise in reorganisation, without the obligation to take over the complete workforce (former article 61, §4 LCE, current article XX.86, §3 BEC).

This procedure has come under increased scrutiny from the Court of Justice of the European Union (CJEU) and is looking to be officially on its last legs.

Google’s GDPR fine: relevant for all companies processing personal data

24 January 2019

The French Data Protection Authority (CNIL) imposed a EUR 50 Million fine on Google for violating GDPR rules. As this precedent is very much relevant for every company active in personal data processing, Laga aims to highlight specific action points in this regard.

On 21 January 2019, CNIL imposed the first significant administrative fine since GDPR’s entry into force on 25 May 2018. This noteworthy decision is not only important for multinationals operating with big data but applies to all personal data processing activities, since the violations relate to some of GDPR’s core principles; these are often misunderstood and incorrectly applied.

New EU rules on the free flow of non-personal data

21 January 2019

Data is an important asset for many companies. For this reason, several legal initiatives regulating data have recently been observed. As far as personal data is concerned, the GDPR is without a doubt still on top of our mind. However, those who work with non-personal data should now acknowledge the new and specific EU rules that have been issued.

On 14 November 2018, the European Parliament and Council have adopted regulation (EU) 2018/1807 (hereafter the “Regulation”) on the free flow of non-personal data. The Regulation will come into force across all EU Member States as of the end of May 2019. Companies operating with a business model based on non-personal data should examine the extent to which they can benefit from the Regulation or how it could affect their activities.

New measures to protect know-how and trade secrets must be incorporated into national law on 9 June 2018

8 June 2018

Whether at national or European level, the concepts and protection mechanisms of know-how and trade secrets are diverse and governed by different rules. This makes it very difficult for companies to ensure legal protection for these intangible assets. As of 9 June 2018, all EU Member States should implement harmonised rules, bringing a consistent approach, interpretation and enforcement mechanism. The Directive however, does not create a new intellectual property right. The new legislation will specifically help companies that own commercially valuable intangibles that do not qualify as intellectual property rights.

New formalities and conditions for the installation and use of surveillance cameras (CCTV)

8 June 2018

As the general data protection regulation (“GDPR”) entered into force, adjustments were also made to the Camera Surveillance Act of 21 March 2007.

As of 25 May 2018, new formalities and conditions are applicable to the installation and use of surveillance cameras (CCTV). The Act provides for a new procedure for notifying the police of cameras, new indications to add to pictograms notifying individuals of cameras, and mandatory records of footage processing activities. Controllers already using surveillance cameras must also comply with these new rules.

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Bill of 20 April 2017 on insolvency legislation: Codification with some additions

12 May 2017

In an effort to further streamline Belgium’s economic legislation, Minister of Justice Koen Geens introduced a new insolvency proceedings Bill on 20 April 2017. The bill is expected to pass through parliament before the beginning of summer recess and seeks to incorporate the Bankruptcy Law and the Law on the Continuity of Enterprises (LCE) in the Belgian Economic Code.

However, the proposed Bill is not limited to codification, as some of its provisions introduce significant changes to existing legislation. Aside from a chapter dedicated to implementing the provisions of the Insolvency Regulation of 20 May 2015, the major substantive changes include an expansion of the insolvency proceedings’ scope, the introduction of electronic procedures, a shift towards out-of-court settlements for pre-insolvency procedures, the facilitation of a second chance for the bankrupt entrepreneur and the introduction of a ‘silent’ bankruptcy.

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