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Franchising in Belgium is regulated mainly at the national level through the Belgian Code of Economic Law. A franchise is treated as a commercial cooperation agreement, where a franchisor grants a franchisee the right to use a brand and a proven business concept in exchange for fees and compliance with standards. A cornerstone of Belgian franchise regulation is the precontractual information regime, which requires the franchisor to give the prospective franchisee a comprehensive disclosure file and draft agreement at least one month before any signing or payment.
Woluwe-Saint-Pierre - Sint-Pieters-Woluwe is a municipality within the Brussels-Capital Region. In addition to national franchise rules, local and regional rules apply for matters such as retail establishment permits, urban planning, signage, environmental requirements, and opening hours. The Brussels-Capital Region is bilingual, so language rules for employment and administrative dealings are specific. EU competition law also applies to franchise networks operating in Belgium.
To review and negotiate the franchise agreement and disclosure file. Belgian law imposes specific disclosure duties and timelines. A lawyer can verify compliance, identify unfair terms, and negotiate changes before you commit.
To assess financial projections and fees. If the franchisor provides projected turnover or profitability, Belgian rules require reasonable and verifiable bases. Counsel can test assumptions and flag risk.
To structure your company and tax position. Choosing an SRL-BV or other entity, handling VAT on fees and royalties, and assessing cross-border withholding if the franchisor is foreign all benefit from legal and tax input.
To secure premises. Retail leases in Brussels have protective but complex rules, including typical 9-year terms, assignment conditions, fit-out and permit coordination. Legal advice helps align the lease with franchise obligations.
To obtain permits and comply with sector rules. Food, alcohol, terrace, fire safety, music rights, and large retail surface approvals require careful handling with the municipality and regional authorities.
To protect and license intellectual property. Proper trademark license terms, brand use guidelines, and confidentiality safeguards are critical in franchise operations.
To handle employment and language compliance. Hiring, work schedules, Sunday opening, and bilingual employment documents in the Brussels region require compliance to avoid penalties.
To resolve disputes efficiently. Legal counsel can help choose between courts and arbitration, manage the language of proceedings in Brussels, and enforce post-termination obligations.
Precontractual information duties. Belgian law requires a written disclosure document and draft franchise agreement to be delivered at least one month before any signature or payment. The disclosure must include the identity of the franchisor and group, description of the concept, IP rights, market context, list of Belgian outlets, investments and fees, assistance provided, territorial arrangements, duration, renewal and termination terms, non-compete obligations, and dispute resolution. If the final agreement differs materially from the draft, the one-month period restarts. Breaches can lead to nullity of the agreement and damages.
Competition and distribution rules. EU and Belgian competition law apply to vertical agreements. Typical franchise obligations like exclusive territories, non-compete, and online sales standards must comply with the EU Vertical Block Exemption Regulation. During term non-compete tied to premises is generally acceptable up to five years. Post-termination non-compete must be limited to one year, to the former premises, and be necessary to protect know-how.
Unfair terms in B2B contracts. Belgian rules on unlawful clauses between businesses prohibit terms that create a significant imbalance, with blacklisted and grey-listed clauses. Franchise agreements must be checked for compliance with these B2B fairness rules.
Language rules in Brussels. In the Brussels-Capital Region, employment documents and internal social documents must follow bilingual region rules. For contracts between businesses, parties may generally choose language, but consider the language of potential court proceedings in Brussels. Non-compliance in employment documentation can trigger sanctions.
Retail leases. Premises in Woluwe-Saint-Pierre - Sint-Pieters-Woluwe are subject to the Brussels regime for commercial leases. Standard retail leases often run for 9 years with break options every three years, assignment possibilities, and indemnity rules on termination in some cases. Align the lease term and exit options with the franchise term and renewal rights.
Permits and urban planning. Depending on the activity, you may need an urban planning permit for fit-out and signage, an environmental permit for certain equipment, and in some cases a retail establishment authorization for larger surface areas. Coordination with the municipality and regional authorities is essential before works or opening.
Sector specific licenses. Food businesses must register with the food safety authority and comply with hygiene rules. Alcohol service needs municipal licenses. Music in-store requires rights clearance with the relevant collecting societies. Outdoor terraces, illuminated signs, and promotional displays may need specific authorizations.
Consumer and pricing rules. Belgian law requires clear price display, consumer guarantees, and fair commercial practices. Promotions, loyalty programs, and advertising must follow Book VI of the Code of Economic Law.
Data protection. Collecting customer data for loyalty or marketing must comply with GDPR, including lawful basis, transparency, data minimization, and vendor management. Some tools require a data processing agreement and records of processing.
Tax and social security. Franchise fees and royalties are typically subject to 21 percent VAT in Belgium. Cross-border royalties may raise withholding tax issues under treaties. Register your business with the Crossroads Bank for Enterprises, arrange VAT registration, and register as self-employed or hire staff with proper social security set up.
Belgian law treats most franchises as commercial cooperation agreements where you use a brand, know-how, and assistance in return for fees and compliance with standards. There is no separate franchise registration, but strict precontractual disclosure duties apply.
At least one full month before you sign anything or pay any amount. If the agreement changes materially after disclosure, the one-month period restarts.
No. The purpose of the one-month period is to allow a free and informed decision. You should not sign binding commitments or pay any fees before the period ends.
Projections are not automatically binding, but if the franchisor provides them, they must have a reasonable and verifiable basis. Misleading forecasts can trigger liability and possibly nullity of the agreement.
Common fees include an initial franchise fee, ongoing royalties, marketing fund contributions, training costs, and technology or software fees. VAT typically applies. Review how fees are calculated and what you receive in return.
During the agreement, non-compete tied to the franchise premises can be valid, often up to five years. After termination, any non-compete must be limited to one year, to the premises where the franchise operated, and be necessary to protect the franchisor’s know-how.
Not legally required, but most franchisees operate through an SRL-BV or other limited liability entity to manage risk and tax. Align the shareholder agreement with the franchise agreement.
Duration and renewal options, fit-out and signage permissions, alignment with franchise term, assignment rights to sell the business, maintenance and capex responsibilities, and conditions tied to permits and opening deadlines.
Between businesses you may choose French or Dutch. Consider the language of likely court proceedings and the language obligations for employment and internal documents in the Brussels bilingual region.
Franchise agreements often include a jurisdiction or arbitration clause. In Brussels, court proceedings follow specific language rules. Consider mediation to preserve business relationships and manage costs.
Belgian Franchise Federation for best practices, model codes, and information on ethical franchising.
Federal Public Service Economy for guidance on precontractual information rules, B2B fairness rules, consumer protection, and market practices.
Belgian Competition Authority for guidance on vertical agreements and competition compliance.
hub.brussels and the 1819.brussels service for regional business support, permits guidance, and sector specific information for the Brussels-Capital Region.
Municipality of Woluwe-Saint-Pierre - Sint-Pieters-Woluwe for local permits, opening hours, signage, terraces, and alcohol licensing.
Food safety authority for registration and hygiene requirements if you operate in food or beverage.
Collecting societies for music and audiovisual rights clearance for in-store music and advertising.
Map the concept. Clarify the business model, territory, investment, staffing, and fit-out requirements. Ask the franchisor for the full disclosure file and draft franchise agreement.
Start the one-month clock. Confirm the date you receive the disclosure. Do not sign or pay before the period ends. Ask written questions so answers become part of the record.
Engage advisors. Retain a franchise knowledgeable lawyer in Brussels to review the disclosure and contract. Consult an accountant for projections, VAT, and funding. Consider a lease specialist before you commit to premises.
Verify permits and location. Pre-check urban planning, environmental, retail establishment thresholds, and sector licenses for your intended site in Woluwe-Saint-Pierre - Sint-Pieters-Woluwe. Align lease conditions with obtaining permits.
Choose your entity and register. Set up your SRL-BV or other entity, register with the Crossroads Bank for Enterprises, obtain VAT registration, and prepare employment compliance if hiring.
Negotiate and document. Seek adjustments on territory, fees, performance targets, supply terms, renewal and exit, and alignment with your lease. Ensure all agreed changes are in the final signed documents.
Plan compliance and opening. Prepare GDPR documentation, workplace and fire safety measures, food safety where relevant, and operational training. Keep proof of disclosures and approvals for your records.
If in doubt, get local help. A Brussels based franchise lawyer can help you avoid pitfalls, comply with bilingual and regional rules, and set up a sustainable franchise operation in Woluwe-Saint-Pierre - Sint-Pieters-Woluwe.
