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De Netwerk- en Informatiebeveiligingsrichtlijn (NIS 1) beoogt overkoepelende doelen en waarden te creëren, die bedrijven en organisaties naar eigen inzicht, maar bezien vanuit de betreffende cyberrisico’s, dienen na te streven en te bewerkstelligen.

More businesses and organisations will have to strengthen their cybersecurity strategies, as the European legislator revised the NIS Directive. NIS 2 will impose stricter cybersecurity obligations on more organisations.

On 9 March 2023, the European Court of Justice (ECJ) ruled that the European Commission should properly record interviews if they are used to gather information regarding the subject matter of the investigation.

Companies beware: completed non-notifiable concentrations do not necessarily go scot-free. An ex post abuse-of-dominance investigation by national competition authorities (NCA) could still loom.

The European Commission is seeking feedback on the adoption of Guidelines on exclusionary abuses of dominance under Article 102 TFEU. In the meantime, the Commission has amended its 2008 Guidance.

The Belgian Competition Authority (BCA) informally accepted a commitment agreed by the partners of the Belgian Agro Food Chain Platform, limiting the possibility to contractually exclude the theory of change of circumstances.

In recent years, the ECJ has issued landmark judgments with far-yielding consequences for data controllers and data processors. To celebrate Data Privacy Day 2023, we highlighted the most impactful judgments of the ECJ from the past year.

The European Court of Justice has confirmed that the essential facilities test is limited to ‘pure’ access cases. Infringement of a regulatory access obligation must be assessed under the general framework for abuse of dominance.

In the first hybrid cartel proceedings by the Belgian Competition Authority, the Prosecutor recently submitted a draft decision to condemn and impose a fine on pharmaceutical wholesaler CERP SA for allegedly participating in anticompetitive practices.

On 26 January 2023, the ACM announced that its priorities for 2023 would be the energy transition, the digital economy, and sustainability. This agenda is unsurprising in view of the ACM’s recent policy statements and enforcement actions.

On 21 February 2023, the litigation chamber of the Belgian data protection authority has ruled on the legitimacy of the geographic tracking of employees by a public authority.

This article looks at the aftermath of the UBO case invalidating the general access to UBO data, and looks at what lies ahead for companies and member states, and specifically at Belgium's recent regulatory action.

The controversial tax reform for income generated through copyright will have an enormous impact in various sectors such as IT.

While 2022 revolved around new and improved regulatory tools, the focus in 2023 will be on putting these tools to use. More merger-related obligations, digital sector scrutiny and clarity on competition-law and consumer-law aspects is imminent.

In 2022, the ACM and the European Commission put the spotlight on the accuracy of companies’ sustainability claims. Notably, the ACM published several market studies and adopted commitment decisions concerning allegedly misleading sustainability claims.