On 25 November 2009, the European Union adopted a revised
regulatory framework for the European telecommunication sector,
consisting of one Regulation and two Directives (together the
"EU Framework"). These Directives were
due to be implemented in the EU Member States before 25 May
2011.
However, the Belgian parliament has only recently adopted a law
implementing the EU Framework into Belgian law (Law of 21 June 2012
introducing various provisions regarding electronic communications,
hereafter the "Law"). Once published and
entered into force, the new Law will effect numerous changes. We
look at how the Law implements two key provisions of the EU
Framework under Belgian law, namely the data breach notification
and the so-called EU cookie rule.