Best E-commerce & Internet Law Lawyers in Modave

About E-commerce & Internet Law Law in Modave, Belgium

E-commerce and Internet law in Modave sits within the Belgian and European Union legal framework. Because Modave is in Wallonia, most consumer-facing information will typically be provided in French, but the rules you must follow are national and EU-wide. Belgian law sets the baseline for business identification, contract formation, consumer rights, advertising standards, data protection, electronic payments, and dispute resolution. EU regulations and directives add further obligations on issues like privacy, platform governance, cross-border sales, and unfair commercial practices. If you sell online, operate a marketplace, offer apps or digital services, or process personal data of users in or from Belgium, these rules apply to you even if your business is small or locally focused.

In practice, compliance touches your entire online operation. Your website and app must clearly identify the business, present transparent prices and delivery terms, obtain valid consent for cookies, respect consumer withdrawal rights, secure payments, protect personal data, and respond appropriately to illegal content or takedown requests. For cross-border sales, VAT and consumer rights are harmonized to a large extent but still require careful setup and documentation. Getting these elements right reduces legal risk, builds customer trust, and helps you scale sustainably.

Why You May Need a Lawyer

You may need legal help when launching or redesigning an online shop, marketplace, SaaS platform, or mobile app to ensure your terms, privacy notices, and checkout flows comply with Belgian and EU law. A lawyer can translate complex rules into practical website wording and product flows that fit your business model.

Legal advice is also important when handling consumer issues such as cancellations, refunds, warranty claims, or chargebacks, or when responding to complaints from authorities. If you use influencers, dynamic pricing, or user reviews, counsel can help you apply the latest advertising and transparency rules, including those introduced by the EU Omnibus reforms.

For data protection, a lawyer can help you map processing activities, set up processor agreements with vendors, implement valid cookie consent, and manage cross-border data transfers. If a data breach occurs, you will need urgent advice on containment, notification, and communications.

Marketplaces and platforms need tailored guidance on content moderation, notice-and-action procedures, and transparency reporting under the EU Digital Services Act. If you face intellectual property notices or wish to protect your own brand and content, legal support is essential for takedowns, licensing, and enforcement.

Finally, cross-border operations raise questions about VAT registrations and the EU One Stop Shop, product compliance, geo-blocking, and applicable law and jurisdiction clauses. A lawyer familiar with Belgian practice can help you avoid costly missteps.

Local Laws Overview

Code of Economic Law. The Belgian Code of Economic Law contains core rules for online commerce. Book XII governs the digital economy, including information duties for online service providers, electronic contracts, and identification requirements on websites. Book VI covers market practices and consumer protection, such as unfair commercial practices, distance selling rules, delivery obligations, and the right of withdrawal. Belgium also introduced B2B unfair terms rules that prohibit clauses creating a significant imbalance between businesses, with a general test and lists of problematic clauses.

Consumer contracts and withdrawals. For most distance sales to consumers, you must provide clear pre-contract information, confirm the contract on a durable medium, and offer a 14-day withdrawal right with specified exceptions such as for sealed goods that are unsealed for hygiene reasons, perishable goods, and digital content that the consumer starts receiving after express consent and acknowledgment of losing the withdrawal right. Refunds must typically be made within 14 days of withdrawal and include standard delivery costs. Delivery must occur within the agreed time or within 30 days if not specified.

Pricing, promotions, and reviews. Prices shown to consumers must include VAT and all mandatory charges. Price reduction announcements must follow EU Omnibus rules on reference pricing, generally using the lowest price in the last 30 days for comparison. If you present user reviews, you must state how you verify authenticity and avoid fake reviews or endorsements. Influencer and native advertising must be clearly identifiable as advertising.

Privacy and cookies. The EU General Data Protection Regulation applies, enforced by the Belgian Data Protection Authority. You need a lawful basis for processing, a clear privacy notice, appropriate security, and data processing agreements with vendors. For cookies and trackers, Belgian ePrivacy rules require prior opt-in consent for non-essential cookies, with clear, granular information. Soft opt-in for email marketing may apply for existing customers under conditions, but unsolicited electronic marketing generally requires consent.

Platforms and the Digital Services Act. Hosting providers, marketplaces, and online platforms must implement notice-and-action mechanisms for illegal content, provide statements of reasons when moderating content, and include transparency disclosures such as main ranking parameters. Larger platforms face additional obligations, but even small services must keep user reporting channels and handle complaints diligently.

Payments and security. Payment services are regulated under EU PSD2 and Belgian financial rules. If you are not a licensed payment institution, you generally must rely on authorized providers and meet strong customer authentication standards. Keep clear information on accepted payment methods, fees, and any surcharges. Comply with security and fraud prevention practices appropriate to your risk profile.

Intellectual property and domain names. Respect copyright and trademarks in product listings, images, and marketing. For .be domain names, disputes are handled through an alternative dispute resolution mechanism designated for Belgium. Online intermediaries should implement repeat infringer and takedown processes consistent with safe harbor conditions.

VAT and cross-border sales. Belgian online sellers can use the EU One Stop Shop for B2C supplies within the EU to report VAT in a single filing. For low value goods imported into the EU, the Import One Stop Shop may apply. Show VAT-inclusive prices to consumers and provide compliant invoices when required. Keep robust records to support VAT and customs compliance.

Geographical considerations. The EU Geo-blocking Regulation prohibits unjustified blocking or different conditions based on nationality or place of residence in many scenarios. Language and consumer information should be understandable to the target audience. In Modave and the wider Walloon Region, French is typically used with consumers, but your obligations can vary depending on your targeting and customer base.

Product compliance and environmental rules. Ensure CE marking and safety compliance for regulated products. Belgium has take-back and eco-fee schemes for packaging, electronics, and batteries. If you ship packaged goods, you may need to join approved compliance organizations and meet labeling and reporting duties.

Frequently Asked Questions

What information must my website or app display to be compliant in Belgium

You must identify the business name, legal form, registered office, company number, contact details, and if applicable the trade register entry, VAT number, supervisory authority for regulated professions, and professional title. Provide clear terms and conditions, privacy notice, cookie information, pricing that includes VAT for consumers, delivery and return policies, and a straightforward way for users to contact you. This information should be easy to find, typically in the footer and during checkout.

Do I have to offer a 14-day right of withdrawal for online sales

Yes for most consumer distance sales. There are specific exceptions, for example perishable goods, customized items, sealed health and hygiene goods unsealed by the consumer, and digital content or services started with the consumer’s prior express consent and acknowledgment of losing the right. If the right applies, you must provide a model withdrawal form, accept returns without undue delay, and refund within 14 days, including standard delivery costs.

How should I handle cookies and trackers for visitors in Belgium

Non-essential cookies and similar technologies require prior opt-in consent. Your cookie banner should present clear choices, avoid pre-ticked boxes, and allow refusal as easily as acceptance. Provide a detailed cookie policy describing purposes, categories, retention, and third parties. Strictly necessary cookies can be set without consent but still require transparency.

Are my online terms enforceable if the customer does not explicitly click I agree

Enforceability depends on clear presentation and acceptance. Click-wrap mechanisms where users actively accept terms are generally stronger than browse-wrap. For consumers, terms must not be unfair or create a significant imbalance. Key information must be provided pre-contract and confirmed on a durable medium such as email. Keep timestamped records of the version accepted.

What are the rules for online reviews, influencer marketing, and promotions

You must not post or purchase fake reviews and should disclose how you verify reviews. Influencer and affiliate content must be clearly labeled as advertising. Price reductions must use correct reference prices and avoid misleading claims. Dynamic pricing is allowed but you must be transparent about how prices are calculated where relevant and must not discriminate unlawfully.

How do I manage VAT when selling from Belgium to consumers in other EU countries

Use the EU One Stop Shop to declare and pay VAT due in other member states for B2C supplies. Show VAT-inclusive prices and apply the correct rate of the customer’s country when OSS is used. Keep accurate records of customer location evidence, invoices when required, and payment reports. For goods imported from outside the EU, consider the Import One Stop Shop for consignments up to the low value threshold.

What rules apply to email and SMS marketing in Belgium

Consent is the default rule for unsolicited electronic marketing to consumers. A limited soft opt-in may apply when you obtained the customer’s contact during a sale of similar products and provided a clear opt-out at collection and in every message. Identify the sender, provide a working opt-out, and honor preferences promptly. For B2B contacts, rules can differ but transparency and opt-out are still essential.

How does the EU Digital Services Act affect my small marketplace or platform

Even small platforms must implement a user-friendly notice-and-action system for illegal content, provide statements of reasons when removing or restricting content, and include transparency about ranking parameters. You must have a single point of contact for authorities and users and include information in your terms on restrictions and moderation. Larger thresholds trigger additional duties, but starting early with clear processes reduces risk.

What should I do if I suffer a data breach involving customer information

Act quickly to contain the breach, assess scope and risks, and document your investigation. If the breach creates a risk to individuals’ rights and freedoms, notify the Belgian Data Protection Authority without undue delay and in most cases within 72 hours. If there is a high risk, inform affected individuals. Review contracts with processors, update security measures, and keep an incident log.

Which court handles e-commerce disputes for a business based in Modave

Jurisdiction depends on the parties and the nature of the dispute. Consumer claims can often be brought where the consumer resides. For business disputes, the competent enterprise court in the Liège judicial district may apply, and arbitration or mediation is also available. Clear and fair jurisdiction and applicable law clauses in your terms can help, but consumer protection rules limit how far you can displace mandatory rights.

Additional Resources

FPS Economy. The federal authority for consumer protection, market practices, e-commerce rules, and out-of-court dispute resolution services such as Belmed and the Consumer Mediation Service.

Belgian Data Protection Authority. Supervises GDPR compliance, issues guidance on privacy and cookies, and handles breach notifications and complaints.

Centre for Cybersecurity Belgium and CERT. National cybersecurity coordination and incident response resources for businesses.

Belgian Competition Authority. Guidance and enforcement on competition and certain unfair market practices relevant to online platforms and distribution.

FPS Finance. Information on VAT, the One Stop Shop and Import One Stop Shop, invoicing, and tax compliance for online traders.

DNS Belgium and the designated ADR provider. Registration and dispute resolution for .be domain names.

European Consumer Centre Belgium. Advice for cross-border consumer issues and practical guidance for online traders servicing other EU markets.

Professional advertising and influencer standards bodies. Self-regulatory guidance on fair and transparent advertising and endorsements in Belgium.

Next Steps

Map your online operation. List what you sell, where you sell, how you market, what data you collect, which vendors you use, and any marketplace or platform features. This scoping exercise frames the legal work.

Gather key documents and assets. Collect your current terms and conditions, privacy and cookie notices, email templates, checkout screenshots, cookie banner screenshots, vendor contracts, security policies, and customer service scripts.

Schedule an initial consultation. Seek a lawyer experienced in Belgian e-commerce and privacy law in the Liège region who can review your materials and identify priority fixes. Ask for a scoped compliance plan with timelines and cost estimates.

Implement a compliance checklist. Update website disclosures, consent flows, and terms. Put in place data processing agreements, records of processing, and security measures. Review pricing and promotion practices, returns handling, and customer communication templates.

Prepare for incidents and disputes. Establish takedown and notice-and-action procedures, a data breach response plan, and clear internal escalation paths. Consider mediation options for consumer disputes to resolve issues efficiently.

Monitor legal updates. E-commerce rules evolve, especially in areas like platform regulation, privacy, and consumer transparency. Set periodic reviews with counsel to keep your policies, tech stack, and practices up to date.