Best E-commerce & Internet Law Lawyers in Ciney
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Find a Lawyer in CineyAbout E-commerce & Internet Law in Ciney, Belgium
E-commerce and Internet law in Ciney sits at the intersection of Belgian law and European Union rules. Businesses and individuals operating online in Ciney must comply with the Belgian Code of Economic Law, national privacy and electronic communications rules, and several EU regulations and directives that govern consumer protection, data protection, online platforms, advertising, payments, taxation, and cybersecurity. Ciney is in Wallonia, so French language requirements apply to mandatory consumer information when goods or services are targeted to that region.
Whether you run a local online shop, sell on a marketplace, offer mobile apps or digital subscriptions, or manage a platform that hosts user content, the legal framework sets clear obligations on pre-contract information, pricing, withdrawals and refunds, cookies and consent, GDPR compliance, platform transparency, VAT, and product safety. Non-compliance can lead to audits, fines, reputational harm, payment disputes, or platform suspensions. Working with a lawyer who understands both EU digital rules and Belgian practice can help you launch and grow safely.
Why You May Need a Lawyer
Launching or scaling a webshop or app and needing compliant terms and policies that match your business model.
Auditing GDPR and cookie compliance, setting a lawful basis for marketing, drafting data processing agreements with vendors, or handling data breaches and complaints to the Belgian Data Protection Authority.
Designing checkout flows that meet Belgian and EU distance selling rules, including withdrawal rights, order button wording, and price reduction announcements.
Structuring marketplace or platform operations under the Digital Services Act, including notice and action procedures, trader traceability, and transparency duties.
Resolving consumer disputes, chargebacks, unfair commercial practice allegations, or inspections by the Federal Public Service Economy.
Handling domain name issues, including .be registrations, cybersquatting, or ADR before the Belgian dispute provider.
Advising on influencer marketing, price promotions, and review practices after the Omnibus reforms.
Cross-border sales and VAT, including OSS or IOSS registration, invoicing, and payment surcharging rules under PSD2 and the card interchange framework.
Protecting intellectual property, drafting licensing for software or digital content, and addressing user generated content and takedown requests.
Cybersecurity governance, NIS2 scope analysis, incident response, and contractual security requirements with hosting or SaaS providers.
Local Laws Overview
Business identity and imprint. Book XII of the Belgian Code of Economic Law implements the EU E-commerce Directive. Your website and app must display clear identity details: company name, geographic address, contact email and a second rapid contact method, company number from the Crossroads Bank for Enterprises, VAT number if applicable, trade or professional register details if regulated, prices including VAT and fees, and complaint channels.
Distance contracts and consumer rights. Book VI of the Code of Economic Law implements the EU Consumer Rights Directive and subsequent updates. Before checkout you must give key information on the trader, product, total price and charges, delivery, payment, withdrawal rights, and complaint handling. The order button must clearly indicate an obligation to pay. Consumers have a 14 day withdrawal right for most distance purchases, with specific exceptions such as custom goods and certain digital content supplied after express consent. Refunds are due within 14 days of withdrawal. Delivery must take place within the agreed time, or 30 days by default.
Promotions and reviews. Omnibus reforms require transparency about price reductions. The reference price must usually be the lowest price in the 30 days preceding the discount. You must explain how you ensure reviews are from real customers and avoid fake or incentivized reviews that mislead.
Subscriptions and dark patterns. Auto renewal, free trials, and recurring charges require clear disclosure, easy cancellation, and opt-in. Pre-checked boxes for paid options are not allowed.
Legal guarantee and digital content. Belgian consumers benefit from a 2 year legal guarantee for lack of conformity of goods. For the first year, the defect is presumed to have existed at delivery unless proven otherwise. Digital content and services must receive updates and security patches for a reasonable period. Failure can trigger remedies or termination.
Privacy and cookies. The GDPR applies, supervised by the Belgian Data Protection Authority. You must identify a lawful basis for processing, provide a privacy notice, keep records of processing, sign data processing agreements with processors, and apply rules on international transfers. Notify the authority within 72 hours of a personal data breach when required, and notify affected individuals if there is high risk. Non essential cookies require opt in consent that is specific, informed, and freely given. Cookie walls that do not offer a real choice may be unlawful.
Electronic communications and marketing. Email marketing to individuals typically requires prior opt in consent, with a soft opt in exception for existing customers for similar products if an opt out is always offered. Telephone marketing must comply with the Belgian do not call regime. Provide an easy unsubscribe in every message.
Platform and marketplace duties. The EU Digital Services Act applies to online intermediaries and platforms. Core duties include having user friendly notice and action mechanisms, handling illegal content, publishing transparency reports, and tracing business users on marketplaces. Very large platforms have additional obligations, but smaller platforms in Ciney still have baseline duties. The Platform to Business Regulation imposes transparency requirements for ranking, terms, and suspension processes when you operate a marketplace or app store.
Unfair terms between businesses. Belgium has a B2B unfair terms regime in Book VI that can nullify clauses creating a significant imbalance, with black listed and grey listed clauses. Review supplier and platform contracts for compliance.
Payments and PSD2. Strong customer authentication is required for most electronic payments. Surcharging consumer card payments is restricted. If you store or process card data, apply PCI DSS as contractually required by your acquirer.
VAT and invoicing. The standard VAT rate is 21 percent, with reduced rates for some goods and services. For cross border B2C EU sales, consider the One Stop Shop or Import One Stop Shop. E invoicing to Belgian public bodies is already mandatory in public procurement. Belgium plans phased in B2B e invoicing, so prepare your systems.
Intellectual property. Trademarks covering Belgium are registered through the Benelux Office for Intellectual Property. Copyright protects original software, text, images, and site design automatically. Protect trade secrets through access controls and NDAs. Handle takedown requests carefully and set a rights complaint channel.
Language requirements. Ciney is in Wallonia. Mandatory consumer information addressed to the public in that region must be provided in French. You may add other languages as needed for cross border sales.
Domain names. DNS Belgium manages .be domains and offers alternative dispute resolution for cybersquatting. Keep registrant data accurate and renew domains on time.
Product safety and online marketplaces. Only safe products may be offered. Ensure CE marking and conformity documentation where required. The new EU General Product Safety Regulation modernizes marketplace and recall obligations, so align processes.
Cybersecurity and NIS2. If you operate in a sector covered by NIS2 or provide certain digital services, you may face risk management, reporting, and governance obligations under Belgian transposition. Even if you are not in scope, follow sound security practices and contractualize security with providers. The Centre for Cybersecurity Belgium offers guidance.
Local courts and enforcement. Disputes for businesses in Ciney typically fall within the Enterprise Court of Namur, Division Dinant, depending on subject matter and amount. Consumer enforcement and inspections are coordinated by the Federal Public Service Economy, while privacy enforcement is led by the Data Protection Authority.
Frequently Asked Questions
Do I need to register a business to sell online from Ciney
If you operate on a professional basis you must register with the Crossroads Bank for Enterprises, obtain a company number and VAT number if applicable, and display these on your website. Occasional private sales without a professional character are treated differently, but once your activity is organized and continuous, registration is required.
What legal information must appear on my website or app
Display your legal name, geographic address, email and one additional rapid contact method, company and VAT numbers, prices including taxes and fees, general terms, privacy and cookie notices, and any professional licensing details if you practice a regulated profession. For marketplaces, identify traders as business sellers when they are acting professionally.
How do Belgian withdrawal rights work for online sales
Consumers generally have 14 days from delivery to withdraw without giving reasons. Some categories are exempt, such as custom goods, perishable goods, or digital content provided after express consent and acknowledgment of losing the right. You must inform customers about the right and provide a model form. Refunds are due within 14 days of withdrawal, using the original payment method when possible.
What are the rules on cookies and consent in Belgium
Strictly necessary cookies do not require consent. Analytics, advertising, and other non essential cookies require prior opt in consent. Consent must be granular and freely given. Pre ticked boxes are invalid. Provide a cookie banner and a detailed cookie policy, and let users change or withdraw consent easily.
Can I send marketing emails without prior consent
Typically no. You need prior opt in consent from individuals. The soft opt in lets you market similar products to existing customers whose email you obtained during a sale, provided you offer a clear opt out at collection and in every message. Respect opt outs promptly and keep consent records.
How should I show discounts and promotions
When announcing a price reduction to consumers, the prior price should normally be the lowest price charged during the previous 30 days. Be transparent about conditions, time limits, and stock limits. Do not create fake scarcity or fake reviews. Display total prices including taxes and mandatory fees before checkout.
What consumer guarantees apply to goods and digital content
Goods have a 2 year legal guarantee for lack of conformity. For the first year the defect is presumed to have existed at delivery unless you prove otherwise. Digital content and services must conform and receive updates for a reasonable period. If not, consumers can seek repair, replacement, price reduction, or termination.
What are my obligations as a small marketplace or platform
You must provide clear terms and policies, a way to report illegal content, timely and reasoned decisions on notices, and transparency about moderation. If you allow traders to sell, you must collect and verify basic business information. Larger platforms face extra duties, but all intermediaries must act against notified illegal content while protecting user rights.
How are .be domain disputes resolved
.be domains are managed by DNS Belgium. If someone registers a domain that infringes your rights, you can use the Belgian alternative dispute resolution procedure or go to court. Keep your trademark portfolio in order to strengthen your position in domain disputes.
Do I need to provide information in French for customers in Ciney
Yes. Ciney is in Wallonia, so mandatory public consumer information must be available in French. You can also provide Dutch, German, or English for cross border sales, but the required information for Walloon consumers must be in French.
Additional Resources
Federal Public Service Economy - consumer protection, market practices, e commerce guidance, and inspections.
Belgian Data Protection Authority - supervision of GDPR, guidance on cookies and consent, complaints handling.
DNS Belgium - .be domain registry and alternative dispute resolution information.
Benelux Office for Intellectual Property - trademark and design registration covering Belgium, the Netherlands, and Luxembourg.
Centre for Cybersecurity Belgium - national cybersecurity guidance and incident coordination.
European Consumer Centre Belgium - cross border consumer advice and assistance within the EU.
Consumer Mediation Service - independent service for resolving consumer trader disputes out of court.
National Bank of Belgium and FPS Finance - payment services and VAT guidance, OSS and IOSS information.
Enterprise Court of Namur - Division Dinant - local court with jurisdiction over many business disputes in the Ciney area.
UCM and local business support bodies in Wallonia - practical guidance for SMEs on digital transformation and compliance.
Next Steps
Map your digital journey. List what you sell, who you sell to, where you sell, your data flows, your providers, and your payment and logistics setup. This helps pinpoint the applicable rules.
Gather documents. Prepare your company registration, VAT details, current terms and policies, supplier and platform contracts, marketing templates, cookie and analytics configurations, and any prior complaints or chargebacks.
Fix quick wins. Update the website imprint, privacy and cookie notices, order button wording, and price display. Remove pre checked boxes and ensure an easy unsubscribe in marketing emails.
Plan a compliance baseline. Implement a consent management platform, records of processing, data processing agreements, and a simple takedown and complaint procedure. Align your discount practices and review moderation with Omnibus requirements.
Consult a lawyer. Choose counsel experienced in Belgian e commerce and EU digital rules. Ask for a priority checklist covering consumer law, GDPR, platform obligations, IP, VAT, and contracts tailored to your business model.
Monitor changes. Track upcoming Belgian e invoicing mandates, evolving cookie enforcement, and any changes to platform or cybersecurity obligations. Schedule periodic reviews as you add products, expand cross border, or integrate new technologies.
Important note. This guide is general information, not legal advice. For advice on your specific situation in Ciney, consult a qualified Belgian lawyer.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.