1. How can the government’s attitude and approach to internet issues best be described? The attitude of the Belgian government can be described as positive and their approach is proactive. In 2003, the Belgian authorities announced the introduction of ‘egovernment’. The most important initiatives were the introduction of electronic identity cards (e-ID) for all Belgian citizens and foreigners living in Belgium over 12, and the federal government’s information web portal (www.belgium.be). The e-ID cards are smart cards that can be used by Belgian citizens to electronically identify themselves and authenticate their identities. The e-ID cards are also equipped with electronic- signature software, an attempt by the government to encourage e-commerce. Recently the Belgian government launched the site sign belgium.be where Belgian citizens can sign documents electronically using their e-ID and check the validity of electronic signatures on documents they receive. The new e-ID has fully replaced the old cardboard ID. The Belgian government has launched a site (http://map.eid.belgium. be/) containing all e-ID applications on government level. Children younger than 12 can apply for a non-compulsory Kids-ID valid in most countries of the European Union that can be used, among others things, for chatting safely on the internet.

Furthermore, in 2009, the Belgian government launched the ‘WebDIV’ programme, which allows vehicle owners to apply online for a licence plate. The programme was awarded ‘best practice’ honours at EIPA 2009.

Additional government initiatives aim to make citizens more familiar with the internet. For example, the ‘Internet for all’ programme provides government grants towards the cost of buying PCs and internet access, and the Electronic Communications Act of 13 June 2005 requires ISPs to provide schools, hospitals and public libraries with reduced-cost internet access. In June 2009 the Belgian government launched the action programme ‘start2surf’, which was extended in 2010 to overcome the digital divide. One of the initiatives is the partial refund to low-income employees of the purchase price of PCs and a tax reduction for employers who allow their employees to benefit from this programme.

LEGISLATION

2. What legislation governs business on the internet?

There is no legislation specifically addressing (business on) the internet. The following Acts lay down rules that can have an impact on business on the internet:

• the Acts on Market Practices and Consumer Protection of 6 April 2010 (two acts), which replaced the old Trade Practices Act of 14 July 1991;

• the Personal Data Processing and Privacy Act of 8 December 1992 and the Royal Decree of 13 February 2001, which implemented this Act;

• the Copyright and Associated Rights Act of 30 June 1994;

• the Software Protection Act of 30 June 1994;

• the Database Act of 31 August 1998;

• the Brussels-Capital Region Electronic Communications and Broadcasting Act of 30 March 1995;

• the Gambling Act of 7 May 1999, as amended by the Act of 10 January 2010;

• the Telecommunications and Electronic Signatures in Judicial and Non-judicial Proceedings Act of 20 October 2000;

• the Computer Crime Prevention Act of 28 November 2000;

• the Electronic Signatures and Certification Services Act of 9 July 2001;

• the Collective Labour Agreement No. 81 on the protection of employees’ electronic communications of 26 April 2002;

• the Electronic Payment Services Act of 10 December 2009;

• the French Community Decree of 27 February 2003 on radio broadcasting;

• the Information Society Acts of 11 March 2003 (two Acts);

• the Royal Decree regulating advertising by electronic communications of 4 April 2003;

• the Conditional Access Information Society Act of 12 May 2003;

• the Anti-Domain Name Piracy Act of 26 June 2003;

• the Electronic Communications Act of 13 June 2005;

• the Flemish Radio and Television Broadcasting Decree of 27 March 2009;

• the German-speaking Community’s Radio Broadcasting Decree of 27 June 2005;

• the Trusted Third Parties Act of 15 May 2007;

• article 314bis of the Belgian Criminal Code on wiretapping; and

• the Royal Decree of 21 January 2009 regulating the online sale of medicines.

REGULATORY BODIES

3. Which regulatory bodies are responsible for the regulation of ecommerce and internet access tariffs and charges?

There is no specific regulatory body for e-commerce.

 The Ministry of the Economy (www.mineco.fgov.be) deals with fair trade practices on the internet (pricing, advertising, etc). Dataprotection issues related to the internet or e-commerce are handled by the Belgian data protection authority (www.privacycommission.be). The regulation of internet access tariffs is done by the Belgian Institute for Post and Telecommunications (www.bipt.be). The Belgian legislator recently adopted an act strengthening the powers of the Belgian Institute for Post and Telecommunications.

Also noteworthy is the Internet Observatory (www.internetobservatory.be ), a discussion and information platform hosted by the Ministry of the Economy, where e-commerce players and citizens can exchange and receive information on e-commerce-related government initiatives and developments.

JURISDICTION

4. What tests or rules are applied by the courts to determine the jurisdiction for internet-related transactions (or disputes) in cases where the defendant is resident or provides goods or services from outside the jurisdiction?

Different rules apply, depending on whether the defendant is resident in, or provides goods or services from, an EU or a non-EU country.

EU

Where a defendant is resident in or provides goods or services from an EU country, Council Regulation No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters applies.

In a contractual business-to-business conflict, in the absence of a valid contractual choice of jurisdiction, the defendant can be brought before the court of his domicile or registered office or before the court of the place of performance of the obligation.

In contractual business-to-consumer matters, in the absence of a valid contractual choice of jurisdiction, the consumer can only be brought before the courts of his domicile; professionals can be brought either before the court of the consumer’s domicile, or before the court of their own domicile or registered office.

In matters relating to tort, delict or quasi-delict, the courts of the place where the harmful event occurred (or may occur) have jurisdiction. This rule allows Belgian courts to easily confirm their jurisdiction, especially with respect to advertising.

Non-EU

If the defendant is resident in a non-EU country, the Lugano Convention will apply for the EFTA member states. For other countries, bilateral conventions or the Act of 16 July 2004 will apply. As a general rule, and subject to a number of exceptions, the courts of the defendant’s domicile have jurisdiction.

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