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Overview of the latest commercial law news

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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