Best Fintech Lawyers in Beersel

About Fintech Law in Beersel, Belgium

Beersel is a municipality in the Flemish Brabant region close to Brussels. Fintech activity in Beersel follows Belgian and European law. There is no separate municipal fintech legal regime - companies based in Beersel must comply with federal Belgian laws and EU regulations that govern payments, electronic money, investment services, data protection, anti-money-laundering, taxation and consumer protection. Many fintech founders who register in Beersel will work with advisers and regulators in Brussels and at the national level because most licensing and supervision is handled by national authorities.

Practical implications for a Beersel-based fintech include company registration with Belgian authorities, compliance with Belgian language and administrative requirements, and interaction with national regulators such as the National Bank of Belgium and the Financial Services and Markets Authority.

Why You May Need a Lawyer

Fintech blends finance, technology and regulation. A specialised lawyer helps reduce legal risk, structure business models to meet regulatory rules, and guide licensing and contractual work. Typical situations where legal help is needed include:

- Launching a payments, e-money or custody service that may require licensing.

- Developing an open-banking product under PSD2 that involves third-party access to bank account data.

- Token offerings, crypto-asset services or digital asset custody that raise questions under evolving EU crypto rules.

- Implementing anti-money-laundering and counter-terrorist financing policies and customer due diligence procedures.

- Handling personal data and privacy compliance under the GDPR for user accounts and transaction data.

- Drafting customer contracts, terms of use, privacy policies, service level agreements and vendor contracts for cloud providers and payment processors.

- Raising investment, structuring equity or token sales, and preparing term sheets and shareholder agreements.

- Resolving disputes with customers, banks, payment processors, or regulators and representing the company in administrative procedures or enforcement actions.

Local Laws Overview

Key legal layers that apply to fintech businesses in Beersel are federal Belgian law and EU law. The areas most relevant are:

- Payments and electronic money - The National Bank of Belgium (NBB) is responsible for authorising and supervising payment institutions and electronic money institutions. Payment services are also shaped by EU rules such as PSD2 which regulates payment initiation and account information services.

- Banking and investment services - If a fintech provides lending, investment advice, portfolio management, or trading, MiFID II and Belgian implementing rules can apply. The NBB and FSMA supervise prudential and conduct requirements depending on the activity.

- Crypto and digital assets - EU-level initiatives such as the Markets in Crypto-Assets Regulation (MiCA) establish rules for crypto-asset service providers and issuers. Belgian regulators - principally the FSMA and the NBB - monitor compliance and provide national guidance as EU rules are implemented.

- Anti-money-laundering and counter-terrorist financing - Obliged entities must follow Belgian AML/CFT law. Suspicious transaction reports are made to the Financial Intelligence Processing Unit (CTIF-CFI). AML supervision may be sector-specific and often involves both NBB and FSMA depending on the activity.

- Data protection - The EU General Data Protection Regulation (GDPR) applies to processing personal data. The Belgian Data Protection Authority enforces national aspects. Fintechs must implement data security, retention and legal bases for processing customer data.

- Consumer protection - Belgian consumer protection law and EU directives impose rules on transparency, information to customers, unfair contract terms and remedies. Payment services for consumers carry specific disclosure obligations.

- Company law, tax and employment - Incorporation, corporate governance, bookkeeping, VAT and corporate tax rules apply. Hiring staff in Belgium raises Belgian employment and social security obligations.

- Reporting and registrations - Companies must register with the Crossroads Bank for Enterprises and, where relevant, with regulator registries or public registers for beneficial owners and AML obligations.

Frequently Asked Questions

Do I need a Belgian licence to operate a payment or e-money service from Beersel?

Possibly. If your business provides regulated payment services or issues electronic money, you may need authorisation from the National Bank of Belgium as a payment institution or e-money institution. Whether a licence is required depends on the exact services, scale of activity, customer types and where your customers are located. A lawyer can run a regulatory classification and licensing assessment.

How does PSD2 affect my fintech app that connects to banks?

PSD2 sets rules for third-party providers such as payment initiation service providers (PISPs) and account information service providers (AISPs). If your app accesses customer bank account data or initiates payments, you must comply with PSD2 strong customer authentication, secure communication standards, and possibly register or be authorised under PSD2. Banks will require technical and legal agreements for access.

Are cryptocurrencies legal in Belgium and what rules apply?

Cryptocurrencies themselves are legal to hold and trade in Belgium, but services such as trading, custody, exchange or issuance may be regulated. EU-level rules such as MiCA are creating a harmonised framework for crypto-asset service providers and issuers. Additionally, AML rules apply to crypto services. National regulators may require registration or authorisation depending on the activity.

What AML obligations will my fintech have?

If your fintech performs payment, exchange, custody or other financial services, you will likely be an obliged entity under Belgian AML law. Typical obligations include customer due diligence, beneficial owner identification, transaction monitoring, suspicious transaction reporting to CTIF-CFI, recordkeeping and appointing compliance personnel. Penalties apply for non-compliance.

How should I handle personal data under GDPR?

GDPR requires a legal basis for processing customer personal data, data minimisation, secure storage, transparent privacy notices, and mechanisms for data subject rights such as access and deletion. You may need a data protection impact assessment for high-risk processing. Data transfers outside the EU require additional safeguards.

Can I passport a Belgian financial licence to other EU countries?

Yes - in many cases an EU-authorised payment institution, e-money institution or similar entity can provide services across the EU using a passporting mechanism. Passporting requires notification to the home regulator and compliance with host-country conduct rules. Brexit and evolving EU rules can change the details, so obtain current advice before expanding.

Do I need to be physically located in Beersel to set up my fintech there?

No strict requirement forces a physical presence in Beersel, but you must have a registered company address in Belgium for corporate registration and tax purposes. Licensing authorities may require local administrative arrangements or an appointed local representative. Consider whether proximity to Brussels-based regulators and service providers is important for your business.

What corporate and tax issues should I consider when starting in Beersel?

Key issues include choosing a legal entity, shareholder agreements, capital requirements for regulated entities, VAT registration, corporate income tax, transfer pricing if cross-border, and payroll and social security if hiring staff. Belgian tax and corporate law has specific filing and bookkeeping obligations. Early consultation with a corporate lawyer and tax adviser helps avoid surprises.

How do I choose between outsourcing payment processing and holding a licence myself?

Outsourcing to a licensed payment provider can be faster to market and reduce regulatory burden, but it creates dependency and contractual and operational risk. Holding your own licence gives control but requires capital, compliance staff and supervisory reporting. A legal and commercial analysis should consider costs, speed, strategic control and regulatory obligations.

What happens if a regulator starts an investigation or enforcement action?

Regulators can request information, impose fines, order corrective measures or suspend activities. If you receive supervisory inquiries or enforcement notices, retain a lawyer experienced in regulatory defence quickly. Proper documentation, a responsive compliance programme and constructive engagement with the regulator reduce escalation risk.

Additional Resources

- National Bank of Belgium - central bank and prudential supervisor for payment and e-money institutions.

- Financial Services and Markets Authority - national authority for market conduct, securities and certain fintech activities.

- Belgian Data Protection Authority - national GDPR supervisory authority.

- Financial Intelligence Processing Unit - CTIF-CFI - national authority for suspicious transaction reporting and AML matters.

- Crossroads Bank for Enterprises - register for company incorporation and official enterprise data.

- Federal Public Service Finance - tax authority for corporate and VAT matters.

- Flemish government innovation and enterprise agencies - support services for startups and scale-ups in Flanders.

- Belgian FinTech Association and local industry bodies - trade groups and networking organisations that provide guidance and peer support.

- European supervisory bodies - European Banking Authority, European Securities and Markets Authority and European Central Bank - for EU-level regulatory developments that affect Belgian fintechs.

Next Steps

- Assess your business model - prepare a one-page summary of services, customer types, jurisdictions, technology and revenue model to share with advisers.

- Get a regulatory check - engage a fintech lawyer to classify your activities and identify whether licences or registrations are needed.

- Prepare basic compliance - draft terms of service, privacy policy, AML policy and internal controls. Implement strong customer authentication and data security measures from the start.

- Decide on structure - choose an appropriate corporate form, appoint directors and register with the Crossroads Bank for Enterprises. Consider tax and employment implications.

- Budget for required capital and compliance costs - regulated entities often have minimum capital and ongoing reporting costs.

- Choose advisors - find a lawyer with experience in payments, crypto, data protection or investment services depending on your needs. Ask for references, clear fee estimates and an initial engagement plan.

- Engage early with regulators - when licensing or significant compliance questions arise, early dialogue with the National Bank of Belgium or the FSMA can clarify expectations and speed up processes.

- Local considerations - if you prefer local face-to-face support, look for advisers and service providers in Brussels and Flemish Brabant. Many national experts are in Brussels but can assist companies registered in Beersel.

If you need help finding the right specialist or preparing a regulatory checklist, consider scheduling a consultation with a lawyer experienced in Belgian and EU fintech regulation. Early legal planning reduces risk and speeds up your path to market.