Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 07 AUGUST 2024

Directors Beware: How To Navigate Belgium's Latest Tort Liability Changes

Jones Day
Jones Day
Contributor
Jones Day

Jones Day

Jones Day is a global law firm with more than 2,400 lawyers in 40 offices across five continents....

View firm profile
Explore more from Jones Day

The Situation: Tort liability rules for directors in Belgium changed significantly following the recent publication of a new Book 6 of the Civil Code. The new rules will enter into force on January 1, 2025.

BelgiumCorporate/Commercial Law
Thomas De Muynck
Thomas De Muynck
Jonas Van den Bossche
Jonas Van den Bossche
Paul Van Hooghten
Paul Van Hooghten
Louise-Anne Bertin
Louise-Anne Bertin
Guylian-Antoine Bouffioux's
Guylian-Antoine Bouffioux's
Author LinkedIn connections

In Short

The Situation: Tort liability rules for directors in Belgium changed significantly following the recent publication of a new Book 6 of the Civil Code. The new rules will enter into force on January 1, 2025.

The Result: Book 6 of the Civil Code abolishes the principle of quasi-immunity of directors by granting a contracting party a direct, extracontractual claim against such directors, in addition to a contractual claim against the company.

Looking Ahead: Once the new rules enter into force, they will apply immediately to all new claims resulting from breaches that took place after January 1, 2025, even if the liability arises in connection with contracts entered into before that date.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

It’s LIVE: The Cyber Resilience Act Reporting Is Mandatory as of Today - 11 September 2026

Manufacturers of connected products must now comply with the EU Cyber Resilience Act's vulnerability and incident reporting obligations through ENISA's newly launched Single Reporting Platform. This comprehensive guide addresses the critical question every manufacturer faces: can your organization report a cybersecurity incident within 24 hours if one occurs tonight?
European UnionCorporate/Commercial Law
Crowell & Moring LLP
Crowell & Moring LLP
Article

Limited Payment Terms In B2B Relationships

New Belgian legislation introduces stricter payment terms for business-to-business transactions, capping payment periods at 60 days and eliminating contractual flexibility around invoice receipt dates. The Act of 14 August 2021 strengthens protections for creditors by imposing automatic penalties on late-paying debtors, including a 10.5% interest rate and fixed recovery costs, fundamentally reshaping commercial payment practices.
BelgiumCorporate/Commercial Law
ALTIUS
ALTIUS
Article

A Practical Roadmap For Compliance With The EU Forced Labour Regulation

The EU Forced Labour Regulation prohibits products made with forced labour from entering or leaving the EU market starting December 2027. Companies must establish product-level traceability, investigation readiness protocols, and evidence-based compliance architectures to demonstrate their products are not connected to forced labour practices. This comprehensive analysis translates the regulation's legal framework and newly published Guidelines into actionable workstreams for general counsel and compliance
European UnionCorporate/Commercial Law
Mayer Brown
Mayer Brown
Article

New Book 7 Of The Belgian Civil Code: What You Need To Know

Belgium's Civil Code undergoes a major transformation with the introduction of Book 7 on special contracts, consolidating and modernizing rules for everyday agreements including sales, leases, and service contracts. With entry into force set for September 2027, businesses must prepare to review their standard agreements and contractual frameworks. This reform particularly impacts the real estate and construction sector through revised lease regimes, construction contract rules, and new provisions on ownersh
BelgiumCorporate/Commercial Law
ALTIUS
ALTIUS
Article

European M&A Maintains Momentum Amid Broader Market Uncertainty

European M&A activity in the first half of 2026 presents a paradox: deal values reached their highest levels since late 2021 at USD661.5 billion, yet transaction volumes dropped sharply by 17.8%. Strategic acquirors are pushing forward with deals despite geopolitical uncertainty, with defense, renewable energy, and electric vehicles emerging as key sectors driven by supply-chain concerns and evolving EU regulatory dynamics that favor domestic consolidation while scrutinizing foreign investment.
European UnionCorporate/Commercial Law
A&O Shearman
A&O Shearman
Article

Antwerp Enterprise Court Holds That Disputes Concerning The Pre-Contractual Information Act May Also Be Referred To Arbitration

A Belgian court has ruled that arbitration clauses in international franchise agreements can override local franchisee protections, even when disputes involve Belgium's Pre-Contractual Information Act. This landmark decision extends earlier Supreme Court precedent and fundamentally shifts how protective legislation interacts with contractual dispute resolution mechanisms in cross-border franchise relationships.
BelgiumCorporate/Commercial Law
Monard law
Monard law
Article

Ninth Circuit Vacates CFAA Injunction Against Perplexity's Comet AI Agent

The Ninth Circuit Court of Appeals vacated a preliminary injunction against Perplexity AI, determining that when an AI agent acts at a user's direction, it is the user—not the AI company—who "accesses" computer systems under federal and California computer fraud statutes. This landmark appellate decision addresses how existing computer-access laws apply to agentic artificial intelligence and has significant implications...
United StatesMedia, Telecoms, IT, Entertainment
Jones Day
Jones Day
Article

China's Supreme Court Issues Landmark Judicial Rules On AI: Implications For Product Liability, IP, Data, And Generative AI

China's Supreme People's Court has issued comprehensive judicial rules addressing artificial intelligence disputes, establishing frameworks for product liability, intellectual property rights, and data protection. These landmark opinions provide critical guidance for global companies navigating AI-related legal risks in China's evolving regulatory landscape.
ChinaIntellectual Property
Jones Day
Jones Day
Article

NYSE And Nasdaq Move To 23-Hour Trading Day: Overnight Session Is An Evolution, But Not Yet A Revolution

The New York Stock Exchange and Nasdaq are implementing overnight trading sessions starting December 6, 2026, extending the trading day to nearly 23 hours by compressing the daily pause to just one hour. While this evolution toward continuous trading introduces new considerations for corporate actions, disclosure timing, and deal execution, the practical impact varies significantly between NYSE-listed companies,
United StatesFinance and Banking
Jones Day
Jones Day
Article

EU Commission Pushes for Transposition of the EmpCo Directive on Environmental Claims

The European Commission has initiated infringement procedures against 20 EU Member States for failing to transpose the EmpCo Directive by the March 27, 2026 deadline. This directive aims to combat greenwashing by requiring substantiation of environmental claims and third-party certification for sustainability labels, with full implementation expected by September 27, 2026.
European UnionConsumer Protection
Jones Day
Jones Day
Article

Amendment To The General Rules Under Mexico’s Anti-Money Laundering Law (LFPIORPI): Key Regulatory Changes Under Acuerdo 115/2026

Mexico's comprehensive anti-money laundering framework has undergone a sweeping transformation through Acuerdo 115/2026, introducing mandatory risk-based methodologies, enhanced client due diligence protocols, and automated monitoring requirements. With implementation deadlines beginning March 1, 2027, obligated parties conducting vulnerable activities face compressed timelines to overhaul their compliance infrastructure while navigating heightened enforcement risks and stricter beneficial ownership thresho
MexicoGovernment, Public Sector
Jones Day
Jones Day
Article

Commission Proposes EU Public Procurement Act

The European Commission has proposed replacing the EU's three core procurement directives with a single, directly applicable Regulation that would fundamentally reshape how companies compete for public contracts across Member States. The reform introduces mandatory quality criteria thresholds, embeds ESG considerations as evaluation factors, and establishes new security and European-preference provisions that could restrict participation based on ownership, supply chain exposure, and strategic dependencies.
European UnionGovernment, Public Sector
Jones Day
Jones Day
Article

Federal Court Holds New York’s Climate Superfund Law Preempted By CAA

A federal court has struck down New York's Climate Change Superfund Act, which sought to recover $75 billion from fossil fuel companies based on historical emissions. The ruling found the Act preempted by the Clean Air Act, marking the first judicial decision on state climate superfund legislation and establishing that EPA's rescission of the endangerment finding does not alter preemption analysis.
United StatesEnvironment
Jones Day
Jones Day
Article

Ninth Circuit: Breach Of Confidence Confers Standing In Health Data Security Case

The Ninth Circuit has ruled that health plan participants whose confidential information was disclosed without authorization have standing to sue in federal court, even without showing financial loss or future harm. This decision, which departs from the risk-based approach many courts have applied since TransUnion, relies on the centuries-old action for breach of confidence and could have significant implications for companies' privacy commitments and data-sharing practices.
United StatesLitigation, Mediation & Arbitration
Jones Day
Jones Day
Article

New EU Guidelines On Abuse Of Dominance: Recalibrated Framework, With Ample Room For Aggressive Enforcement

The European Commission has adopted final Guidelines on exclusionary abuses of dominance under Article 102 TFEU, introducing a "workable effects approach" that narrows presumptions while expanding guidance on objective justifications and recognizing sustainability benefits as valid efficiencies for the first time. These Guidelines replace the 2008 Enforcement Priorities Guidance and are expected to significantly impact enforcement practices across EU Member States and beyond, particularly for digital market
European UnionAntitrust/Competition Law
Jones Day
Jones Day