Insights

On February 27, 2025, the Court of Justice of the European Union (“CJEU”) issued a ruling about the requirements on data controllers to respond to data access requests regarding an automated decision-making system. In particular, the CJEU interpreted the meaning (under Article 15(1)(h) GDPR) of the phrase “meaningful information about the logic involved” in automated decision-making. Importantly, the ruling also separately addressed how to balance data access rights with the protection of the controller’s trade secrets, when the protection of trade secrets is invoked under Article 15(4) as a reason not to disclose a copy of personal data in an access request.

After months of negotiations, Belgium’s new federal government has reached an agreement introducing significant changes to labor law, employment flexibility, and social security. These reforms aim to boost employment rates, simplify regulations, and reduce labor costs for employers.  

On October 4, 2024, the Court of Justice of the EU (CJEU) ruled in the Diarra case that the transfer rules of the Fédération Internationale Football Association (FIFA) regarding the termination of player contracts without just cause were incompatible with EU internal market and competition laws. Following this landmark ruling, FIFA published temporary changes to its transfer rules on December 23, 2024. This judgment could have a significant impact on the economic model for football in Europe, and on the balance of power both between clubs, and between clubs and their players.

Collective Bargaining Agreement (CBA) 32bis applies in Belgium in the event of a transfer of undertakings. It establishes the legal framework that protects employees’ rights during such a transfer.

On 23 October 2024, the European Parliament adopted Directive (EU) 2024/2831 (“the Directive”), aimed at improving conditions for individuals working for digital platforms.  The Directive introduces comprehensive measures to: address the employment status of digital platform workers, ensure transparency and fairness in algorithmic management, and strengthen the protection of personal data. The Directive came into force on 1 December 2024, and Member States are required to adopt the necessary measures for transposition into national law by 2 December 2026.

Earlier this week, another case of apparent Modern Slavery and Forced Labour came to light in the UK. [1]  According to media reports, the former UK Prime Minister, Baroness Teresa May of Maidenhead, now Chair of the Global Commission on Modern Slavery and Human Trafficking[2] – described the case as “shocking” and showed “large companies not properly looking into their supply chains”. The UK Government is now contemplating further steps to strengthen UK Modern Slavery and Forced Labour laws. This recent UK case, follows a number of other cases in Europe – particularly the EU – including those involving high profile Italian fashion houses.[3] In all these cases, the ethical and social responsibilities – including the legal obligations – incumbent on large companies to root-out modern slavery and forced labour concerns in their supply chains, have been focused on. This comes in the wake of, a number of concerns in the same area with, for example, a United Nations Working Group recently noting a general lack of understanding in the banking and investment community that ESG data and information requires undertakings to provide information and data on the “S” – including, therefore, on human rights issues.[4]

At the beginning of the year, we brought to your attention that a number of important Belgian and EU legislative changes are likely to have an impact in 2024: there are new laws that have been adopted and proposals that are expected to firm up into law.

A number of important Belgian and EU legislative changes are likely to have an impact in 2024. On the one hand, there are new laws that have been adopted and will start to bite, and, on the other, there are proposals that are expected to firm up into law.

Now more than a year ago, on November 28, 2022, the long-awaited act on the protection of persons who report violations of EU or national law detected within a legal entity in the private sector, the so-called the "Whistleblowing Protection Act", was adopted in Belgium.

By laws of October 7, 2022 Belgium finally transposed the European directive on transparent and predictable working conditions (Directive (EU) 2019/1152), and partially transposed the European directive on work-life balance (Directive (EU) 2019/1158). Here is an overview of some of the most important changes in Belgian law.

Crowell & Moring LLP’s series of client alerts: Whistleblowing – A Guide to Compliance is intended to provide companies with a practical guide to help them comply with their obligations under the EU Whistleblower Directive. Via our client alerts, Crowell & Moring LLP will explain the different steps that companies need to take for compliance and emphasize various points for consideration.

More people at work, and a focus on flexibility and a better work-life balance for employees. These are the main objectives of the new Belgian “Labor Deal” announced by the Belgian government on February 15, 2022. Among the most significant measures contained in the agreement are the following:

EU Directive 2014/66/EU (the ICT Permit Directive) introduced a framework for EU Member States to regulate intra-corporate transfers (ICT). With the recent implementation in Belgium of the ICT permit, global employers now have four main options for hiring non-EEA high-profile employees in Belgium (for a period longer than 90 days). The table below provides an overview of the options (types of single permit), depending on the employee’s profile and employment terms.

Knowing that the EU Whistleblowing Directive was supposed to be transposed by the EU member states into national law by December 17, 2021 at the latest and that the majority of the EU member states (including Belgium) have not met this deadline, the question arises whether employees can already rely on the provisions of the non-implemented EU Whistleblower Directive? Via this alert in our Crowell & Moring LLP’s 2021 series: Whistleblowing – A Guide to Compliance, we will address this question by clarifying the effect of the EU Whistleblower Directive before its transposition into national law based on a number of concrete questions and emphasizing various points for consideration.

Crowell & Moring LLP’s 2021 series of client alerts: Whistleblowing – A Guide to Compliance is intended to provide companies with a practical guide to help them comply with their obligations under the EU Whistleblower Directive. Via a monthly alert, Crowell & Moring LLP will explain the different steps that companies need to take for compliance and emphasize various points for consideration.

Crowell & Moring LLP’s 2021 series of client alerts: Whistleblowing – A Guide to Compliance is intended to provide companies with a practical guide to help them comply with their obligations under the EU Whistleblower Directive. Via a monthly alert, Crowell & Moring LLP will explain the different steps that companies need to take for compliance and emphasize various points for consideration. Step #4: Check the steps you should already be taking to ensure your company’s compliance with the EU Whistleblower Directive and the national laws that implement it.

On Tuesday June 8, 2021, the Belgian Group of Ten (i.e., the consultative body of trade unions and employers, the “social partners”) reached general agreement on four social topics. This agreement follows the government’s conciliation proposal to the social partners of May 2021, whereby the government instructed the social partners to find practical solutions with respect to the following four topics.

Crowell & Moring LLP’s 2021 series of client alerts: Whistleblowing – A Guide to Compliance is intended to provide companies with a practical guide to help them comply with their obligations under the EU Whistleblower Directive. Via a monthly alert, Crowell & Moring LLP will explain the different steps that companies need to take for compliance and emphasize various points for consideration.

Crowell & Moring LLP’s 2021 series of client alerts: Whistleblowing – A Guide to Compliance is intended to provide companies with a practical guide to help them comply with their obligations under the EU Whistleblower Directive. Via a monthly alert, Crowell & Moring LLP will explain the different steps that companies need to take for compliance and emphasize various points for consideration.

Crowell & Moring LLP’s 2021 series of client alerts: Whistleblowing – A Guide to Compliance is intended to provide companies with a practical guide to help them comply with their obligations under the EU Whistleblower Directive. Via a monthly alert, Crowell & Moring LLP will explain the different steps that companies need to take for compliance and emphasize various points for consideration.