Une nouvelle étape vient d'être franchie dans la réforme du droit belge des obligations.
On 10 January 2018, the law of 3 December 2017 concerning the establishment of the Data Protection Authority was published in the Belgian’s official Gazette. This law, reforming the current Commission for the protection of privacy, is one of the necessary legislative efforts to anticipate the entry into force of the European Union’s General Regulation on the protection of natural persons with regard to the processing of personal data and of the free movement of such data (GDPR). As of 25 May 2018 all natural or legal persons, public authorities, agencies or other bodies which process personal data or organise such processing will have to comply with these new rules. What does this mean in practice?
This news aims at providing the reader with an overview of the changes entailed by the GDPR and to give some insight on the necessary measures to be taken to comply with the new legislation.
Simont Braun recently assisted one of its clients in obtaining a ruling from the Ruling Commission in which an extensive and refined application was made of the interesting Belgian tax treatment with respect to personal income received from the assignment or license of copyrights.
The distinction between the compensation received by an individual in exchange for professional services rendered and the compensation received for assigning or licensing copyrights is made on the basis of a flat percentage (ranging between 5 and 25%).
The specific percentages as accepted by the Ruling Commission for each specific job description are based on a factual analysis of the individual tasks and creativity required for the respective job descriptions, as well as on the market value of the creative results which are protected by copyright.
Simont Braun is delighted to announce that Philippe Campolini has been promoted to partner, effective may 1, 2017.
Philippe started his career 10 years ago with Simont Braun's Intellectual Property department and has become an expert in patent law and copyright. “He has always been a key asset to our IP department, contributing to the high level of quality and professionalism, which characterizes the firm, as well as bringing contagious energy to the team,” says Fernand de Visscher, head of Simont Braun’s Intellectual Property practice.
Philippe Campolini advises major national and multinational companies active in various sectors, in particular the medical devices, life sciences, automotive, and IT sectors.
Philippe is appreciated for his tough analytical skills and perseverance in defending clients’ interests both in and out of court. He has significant experience in drafting cast-iron licensing, technology transfer and R&D cooperation agreements. Our clients can also count on Philippe’s in-depth knowledge of trade practices and unfair competition law, especially advertising and trade secrets law.
“With his sharp mind and pragmatism, Philippe is an excellent addition to our partnership,” says Managing Partner Vanessa Marquette. “Fluent in French, English, Dutch, German, Italian and Spanish, he will strengthen both the national and international development of our patent law and copyright practices.”
Simont Braun has again received very good results in Chambers 2017 both Europe and Global, improving all its rankings in the Global edition, with its main practice areas being recommended and no less than 8 lawyers being praised for their work.
COLLOQUE SUR LES OBLIGATIONS CONTRACTUELLES
Aucun juriste ne peut faire l’économie du droit des obligations. L’importance de cette branche du droit, fondamentale, vaste et complexe, justifie l’intérêt que lui porte la Conférence du jeune barreau de Bruxelles à travers 8 interventions sur des thèmes aussi variés que les applications qui découlent des règles étudiées.
Paul Alain Foriers, Rafaël Jafferali et Charles-Edouard Lambert prendront part à ce colloque réparti en deux après-midis (le 28 avril et le 3 mai 2016).
Plus d’informations sont disponibles dans le document ci-joint: Les_obligations_contractuelles.pdf
On 16 February 2016 FinTech Belgium was launched during a FinTech Meetup hosted and animated by Simont Braun.
FinTech Belgium is an independent community willing to actively and tangibly promote the FinTech sector in Belgium and Belgian FinTechs abroad.
This community is also about creating a platform for dialogue with regulators and other parties and to share the experience, knowledge and information within and outside the community.
Simont Braun is very proud to be the first official partner of FinTech Belgium, while Banking & Finance partner Catherine Houssa is one of the founders and board member of FinTech Belgium.
For more information please visit: www.fintechbelgium.be
Paul Alain Foriers is actively involved in the workgroup formed on the initiative of the Minister of Justice regarding the project of modernisation of the Belgian corporate law. This project results from the activities of the Belgian Centre for Corporate Law (www.bcv-cds.be).
The broad outlines of the reform that is being prepared, were presented by the Minister of Justice in the commission commercial and financial law of the House of the Representatives. Paul Alain Foriers was part of the panel of experts heard on this opportunity. The report of these discussions is available on the website of the House, on http://www.lachambre.be/doc/flwb/pdf/54/1500/54k1500001.pdf
Rafaël Jafferali, partner at Simont Braun and assistant professor at the Université Libre de Bruxelles, will coordinate on 22 February 2016 a UB3 conference entitled « Le droit commun des contrats. Questions choisies ».
This conference will focus on the aspects of contract law that govern its existence from its signature to its termination, and which form the backdrop of both the law of obligations and of the law applicable to special contracts. The concepts of abuse of the weaker party, of economic threat and good faith, as well as the rules applicable to contracts relating to immaterial assets, will be examined in a particular. Rafaël Jafferali will present a thorough report on the subject of the termination of the contract by the disappearance of its suject-matter.
This conference will be held on Monday 22 February from 5pm to 8pm at the Université Libre de Bruxelles. For more information, please visit https://www.ulb.ac.be/facs/droit/docs/CycleUB3.pdf
The slides used by Rafaël Jafferali for his conference are available on the following link : https://dipot.ulb.ac.be/dspace/bitstream/2013/227866/3/Slides.pdf