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The shareholder or partner agreement: benefits, clauses, and pitfalls to avoid.

The shareholder or partner agreement: benefits, clauses, and pitfalls to avoid.

Whether you have already set up your company or are about to, you may be wondering whether it makes sense to enter into a partnership or shareholders' agreement in addition to the articles of association.

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Happy New Year

Happy New Year

We are said to be creative and particularly combative always concerned to let the rights and challenges of our clients prevail by way too of Alternative Dispute Resolutions. 

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Protection of your brand in the metaverse  Some tips to register and protect your brand in the metaverse

Protection of your brand in the metaverse Some tips to register and protect your brand in the metaverse

The metaverse has been expanding rapidly in recent years, offering new economic and cultural opportunities. Some brands like Disney, Nike or Gucci have already understood this and are beginning to develop in this new virtual world.

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Failure to comply with the requirements of the GDPR constitutes an act of unfair competition

Failure to comply with the requirements of the GDPR constitutes an act of unfair competition

This was confirmed by the Paris Court of First Instance (“Tribunal judiciaire“) in a judgement dated 15 April 2022 (19/12628). An action for infringement and unfair competition was brought before the said Court.

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How to identify unfair contract terms and adapt your contracts?

How to identify unfair contract terms and adapt your contracts?

You have certainly heard about them in the context of contracts concluded with consumers (B2C), but a few years ago the legislator introduced a major reform aimed at introducing more fairness into contracts between companies (B2B) and thus limiting the abuses that would result from an unequal balance of power.

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Civil liability of directors

Civil liability of directors

We regularly face questions from directors who too often ignore the fact that their personal liability may be incurred as part of their mandate as company directors.

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Audience and visitor measurement devices in publicly accessible areas

Audience and visitor measurement devices in publicly accessible areas

More and more companies are using devices to collect data from mobile terminals (mobile phones, smartphones, etc.) in order to measure the audience of billboards or the number of visitors in publicly accessible areas.

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WEBINAR : BELGIUM & LUXEMBOURG DOING BUSINESS, BUSINESS CULTURE AND MARKET INSIGHTS

WEBINAR : BELGIUM & LUXEMBOURG DOING BUSINESS, BUSINESS CULTURE AND MARKET INSIGHTS

On Tuesday, May 31, 2022, at 5:00 p.m., Jean-Louis Lodomez, a partner in the firm, will speak at a Webinar hosted by CanCham BeLux (‹ Canada-Belgium-Luxembourg Chamber of Commerce) and the Saskatchewan Trade and Support Partnership (Step), concerning the investments of Canadian operators in Belgium and Luxembourg and the development of trade with these countries.

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Focus on - The Data Protection Officer

Focus on - The Data Protection Officer

The Data Protection Officer (DPO) is the person in charge of data protection in public or private organisations.

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GDPR awareness

GDPR awareness

[Training] Review of the GDPR awareness training session, held in a company on June 3, 2022 by Julie Lodomez, Certified DPO.

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Businesses - investing in cryptocurrencies

Businesses - investing in cryptocurrencies

More and more companies are deciding to buy cryptocurrencies.

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How to get valid confirmation of an online order that will generate a payment obligation?

How to get valid confirmation of an online order that will generate a payment obligation?

"Validate", "confirm", "continue", "book": so many terms are used to take the next step when ordering or booking online. However, not all of them imply that the consumer will automatically be liable for payment. Misunderstandings can then arise between seller and consumer. Contrary to what one might think, the European Union has regulated the mandatory mentions aimed at informing the consumer beforehand that he will have to pay.

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Should a trademark be registered in the name of the natural person who is the business leader or in the name of the company?

Should a trademark be registered in the name of the natural person who is the business leader or in the name of the company?

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Are you still entitled to use Google Analytics on your website?

Are you still entitled to use Google Analytics on your website?

Everyone will have heard about the formal notices sent by the CNIL (and other DPAs) to website managers making use of the #googleanalytics tool. But what, in concrete terms, is the problem with this tool ? Who is responsible for the usage of this instrument and what should you do if you use it for your website? We explain this briefly below.

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Three digital developments in company law to benefit your (future) business.

Three digital developments in company law to benefit your (future) business.

The Covid19 crisis has profoundly challenged the functioning of Belgian companies, posing many challenges to their managers whose resilience has been severely tested.

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Season's greetings

Let's toast to yesterday's achievements and tomorrow's bright future. Best wishes from LawellMcMiller

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Why is the GDPR a business opportunity for your company?

Why is the GDPR a business opportunity for your company?

We eat "GDPR" at every meal since 2018. However, there is one aspect that has not been talked about enough: the economic and commercial opportunities it can generate.

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New VAT rules for e-commerce: precautions to take

New VAT rules for e-commerce: precautions to take

The health crisis will have prompted us more than ever to shop online and will also have prompted retail businesses to embark on e-commerce, not only to continue selling during the closed season but also to reach a much wider and international customer base.

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Combating late payment in commercial transactions - enhancing of the provisions by the Belgian legislator (law of 14 August 2021)

Combating late payment in commercial transactions - enhancing of the provisions by the Belgian legislator (law of 14 August 2021)

Companies, especially small and medium-sized ones, still face great difficulties due to the payment behavior of their business customers.

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Directors' liability

Directors' liability

As a company director, you may incur personal liability when you commit a fault in the course of your duties. This liability must be understood with a view to minimising the risk of its occurrence. You will therefore find the answers to the following questions in the attached summary note: - Who is likely to hold you liable? - For what faults? - How can you avoid joint and several liability? - Are there any liability ceilings? - What are the protection mechanisms? - When does your liability end?

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Covid-19: the organisation of general meetings

Covid-19: the organisation of general meetings

: Due to the health crisis, physical contact was severely restricted. This made it more difficult to hold general meetings of shareholders. Royal Decree No. 4 provided some flexibility in the organisation of these meetings. As the decree is no longer in force, the government adopted the law of 20 December 2020, which had the effect of making these relaxations definitive. It is now possible to organise general meetings remotely.

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How to take advantage of tax benefits through the valorization of copyrights ?

How to take advantage of tax benefits through the valorization of copyrights ?

How to benefit from the advantageous taxation of copyright income? Belgium has set up a preferential tax regime for copyright income received by an individual. This tax system benefits all natural persons (business leaders, self-employed, employees, artists, computer specialists, etc.) who have a creative dimension in their professional activity, even if it is not their main activity.

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Rescue-instruments available to companies indifficulty in Belgium -  Effects of the health crisis

Rescue-instruments available to companies indifficulty in Belgium - Effects of the health crisis

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How do you secure company trade secrets ?

How do you secure company trade secrets ?

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Commercial lease & Covid 19

Commercial lease & Covid 19

The Flemish government helps tenants who can no longer pay their commercial rent

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Mediation

Mediation

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Covid-19 & GDPR : What preventive measures can the employer take?

Covid-19 & GDPR : What preventive measures can the employer take?

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Avez-vous demandé toutes les aides ?

Avez-vous demandé toutes les aides ?

Synthèse des aides accordées aux indépendants et employeurs impactés par la crise du Covid-19.

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Impact of Covid-19 on existing commercial leases

Impact of Covid-19 on existing commercial leases

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