Olivia Santantonio
Intellectual Property (IP)
Life Science
Commercial law
Dispute Resolution
Information Governance & Data Protection
Telecommunications, Media & Technology
olivia.santantonio@lydian.be
Today, the Act of 8 May 2022 amending books I, VI and XV of the Code of Economic Law (hereafter “Omnibus Act”) has been published in the Official Gazette. The Omnibus Act implements into Belgian law the Directive (EU) 2019/2161. The latter aims to modernize and better enforce the existing framework for consumer protection in Europe (as a reminder, link to our previous e-zine: here).
Even if it was only published today, the Omnibus Act entered into force on 28 May 2022 and does not provide for a transitional period.
As an undertaking, you might want to review and/or amend your commercial practices in light of the new provisions.
In this e-zine, you will find some useful information that can help you with such task.
The Omnibus Act provides for a broad range of measures protecting consumers. The key takeaways can be summarized as follows:
The Omnibus Act introduces (non-exhaustive) indicative criteria that should be considered when penalties are imposed. Such criteria include, but are not limited to, the nature, seriousness, extent and duration of the infringement, the measures taken by the undertaking to limit the damage suffered by consumers and the undertaking's previous infringements (if any).
Moreover, the penalties for infringements of consumer protection legislation, as set out in the Code of Economic Law, have been increased. As of now, penalties up to 6% of an undertaking’s annual turnover (or a maximum of 2 million EUR if information on that undertaking’s annual turnover is unavailable) can be imposed.
We are at your disposal should you have any questions on the above or should you need any assistance.
Intellectual Property (IP)
Life Science
Commercial law
Dispute Resolution
Information Governance & Data Protection
Telecommunications, Media & Technology
olivia.santantonio@lydian.be