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New RCS filing formalities

The Luxembourg Business Registers issued an Explanatory Note further detailing the new filing formalities and requirements soon to be applicable with respect to the Luxembourg Trade and Companies Register.

ACM jumps on gun-jumping bandwagon

Companies involved in multi-step acquisitions should beware of potential gun-jumping risks. The ACM has fined a trade association for failing to notify the acquisition of four pharmacies involving a consecutive partial resale.

ECJ in Bpost and Nordzucker: clearer limits for non bis in idem

On 22 March 2022, the European Court of Justice (ECJ) offered companies investigated for the same conduct by several authorities clarity on the core principles of the application of the non bis in idem (double jeopardy) protection.

International Comparative Legal Guide to Environment & Climate Change Law 2022 - European Union chapter

The ICLG to Environment & Climate Change Law 2022 covers common issues in environment and climate change laws and regulations - including environmental policy and its enforcement, environmental permits, waste, liabilities, etc. - in 18 jurisdictions.

The ECN+ Directive implemented in Belgium and introduction of merger filing fees

On 7 March 2022, the Act implementing the ECN+ Directive into Belgian law was published in the Belgian Official Gazette. The Act entered into force on 17 March 2022.

Digital Law Up(to)date: Application of the private copy exception to cloud computing

The CJEU stated that the private copy exception (copyright) applies to cloud computing.

Digital Law Up(to)date: Additional security measures for the provision of 5G mobile services

On 17 February 2022, the Belgian legislator adopted a law amending various provisions on electronic communications in order to introduce additional security measures for the provision of 5G mobile services.

Digital Law Up(to)date: More clarity on unlimited surfing

The Belgian Institute for Postal Services and Telecommunications published guidelines to clarify the use of the term 'unlimited internet' by operators.

Digital Law Up(to)date: Towards a European electronic chips sovereignty

The European Commission published a European Chips Act to confront semiconductors shortages and strengthen the technological leadership of the European Union.

Digital Law Up(to)date: New Royal decree completes Belgian regulatory framework on crypto-exchange and wallet services providers

The Belgian Gazette published a Royal decree completing the Belgian regulatory framework on crypto-exchange and wallet services providers. The decree enters into force on 1 May 2022.

De Dataverordening (“Data Act”)

De Europese Commissie heeft op 23 februari 2022 de Europese dataverordening (“Data Act”) voorgesteld, die het delen van data beoogt te bevorderen. Steeds meer gegevens worden door mensen en machines gegenereerd, bewaard en hergebruikt.

Sustainability solutions sussed out soon

More antitrust clarity has arrived for companies involved in sustainability collaborations. The EC published draft revised rules on horizontal cooperation agreements and the ACM informally approved two green initiatives in the energy sector.

Pfizer may be off the hook, but ACM pharma supervision continues

Pharma companies beware: discount schemes by former patent owners raise red flags at competition authorities.

Duality on dual distribution resolved?

Nothing is more fickle than information exchange: it changes colour under EU competition rules depending on the nature of the relationship between the exchanging companies.

Digital Law Up(to)date: The European Commission publishes the draft of the Data Act

On 23 February 2022, the European Commission published its draft Data Act, i.e. a proposal for a regulation on harmonised rules on fair access to and use of data. The text is part of the European strategy for data launched by the Commission in 2020.

Digital Law Up(to)date: The EDPS claims Pegasus might lead to an unprecedented level of intrusiveness

On 15 February 2022, the European Data Protection Supervisor published Preliminary Remarks on Modern Spyware. In fact, this document directly targets the Pegasus spyware developed by an Israeli company. 

Digital Law Up(to)date: Interesting points in a DPA decision based on a cross-border complaint relating to cookies

The Belgian Data Protection Authority published an interesting decision of its Litigation chamber. The content of the decision is not completely new, but it provides (or recalls) some relevant elements for personal data practitioners.

Digital Law Up(to)date: Belgian legislator strengthens legislation on crypto-exchange and wallet service providers

On 11 February 2022, the Belgian Official Gazette published a new law modifying the Belgian anti-money laundering law. The objective of the text is to introduce new provisions to regulate crypto-exchange and wallet service providers.

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