By Act of parliament (17July 2013), published in the Belgian Official Gazette on 14 August 2013, the new Belgian Code of Economic Law was supplemented by the addition of Book III "Freedom of establishment, services and general obligations of companies".
Book III contains rules on free market access (Title 1), SME registration requirements (Title 2), and general obligations of companies (Title 3). Essentially, these rules integrate the European Services Directive (Directive 2006/123/EC) into Belgian law and replace the existing Services Act of 26 March 2010 (Belgian Official Gazette, April 30, 2010).
Every company must, on its own initiative and in every document for external communication, make information available to its customers, such as the company name, registered office, legal form, address, contact information, company registration number, and a description of its main activities.
In addition, companies are required to notify their terms and conditions, such as the existance of liability insurance and the contractual provisions on governing law and jurisdiction.
This information must be communicated in a "clear, unambiguous and timely matter before concluding any agreement" . The specific manner in which this should be done, is not defined in the Act, and could, therefore, appear on the company’s website, in its brochures and in similar documents.
The scope of Book III is broader than the scope of the Services Act of 26 March 2010: the requirements also apply to "any natural person or legal entity pursuing an economic activity in a sustained way, alone or in association with others" and therefore, are no longer confined to just the service sector.
The penalty for any breach of these provisions is a criminal fine ranging from EUR 26 to 10,000 (plus surcharges).
Like the other books of the Code of Economic Law already published in the Belgian Official Gazette, Book III has not yet entered into force. The date when it will effectively apply will be determined by Royal Decree.
