BELGIUM Law and Practice Contributed by: Chris Engels and Julie Devos, Claeys & Engels
bility frameworks have indirect implications for business conduct relating to the rights of Indig - enous Peoples. As a member of the United Nations and the European Union, Belgium has expressed sup - port for the principles of UNDRIP, although this support is more aspirational than legally bind - ing at the national level. Nevertheless, these principles are relevant when Belgian companies operate in countries where Indigenous Peoples’ rights may be at risk, such as in cases of land dispossession or resource extraction. Belgium also adheres to the UN Guiding Princi - ples on Business and Human Rights (UNGPs), which require companies to respect human rights and conduct due diligence to avoid caus - ing or contributing to human rights abuses. These principles include Indigenous Peoples’ rights, particularly regarding land rights and free, prior, and informed consent. Additionally, as an OECD member, Belgium follows the OECD Guidelines for Multinational Enterprises, which explicitly call on businesses to respect the rights of Indigenous Peoples. These guidelines encourage companies to engage in meaningful consultation and obtain consent for projects that may affect Indigenous lands and communities. 2.2.6 Other The principles of equality and non-discrimination are fundamental to human rights and essential for addressing disadvantages across various domains. In Belgium, multiple anti-discrimina - tion laws, many of which are based on EU direc - tives, are designed to protect individuals from discrimination based on various grounds.
Belgian law prohibits both direct and indirect discrimination on numerous grounds, includ - ing sex, age, ethnic or national origin, religious or philosophical beliefs, sexual orientation, and disability. The key legislative instruments include the (General) Anti-discrimination Act of 10 May 2007, the Gender Act of 10 May 2007 and the Racism Act of 30 July 1981 (as revised in 2007). These laws regulate the burden of proof in dis - crimination cases and provide for lump-sum compensation, typically equivalent to six months of salary. Recent amendments also allow for cumulative damages in cases of multiple dis - crimination. GDPR In addition, the EU General Data Protection Regulation (GDPR) – which came into effect on 25 May 2018 – intersects with human rights, particularly in the area of privacy and individual rights. The GDPR is directly applicable in Bel - gium and is supplemented by the Belgian Act of 30 July 2018 on the protection of natural per - sons regarding the processing of personal data. The GDPR imposes strict rules on organisa - tions regarding collecting, storing, and process - ing personal data. Personal data includes any information related to an identified or identifiable natural person, such as names, dates of birth, (email) addresses, etc. Under the GDPR, organisations must have a val - id legal basis for processing personal data and must transparently inform data subjects about how their data will be used. Data subjects have several rights, including the right to access and copy their data, request rectification, and seek erasure of their information. Additionally, organ - isations must implement appropriate technical
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