BELGIUM Law and Practice Contributed by: Chris Engels and Julie Devos, Claeys & Engels
and organisational measures to ensure the secu - rity of personal data and prevent data breaches. Companies (data controllers) can be fined signif - icantly for non-compliance with the GDPR, and the Belgian Data Protection Authority actively enforces these provisions. 2.2.7 Soft Law on Business and Human Rights Belgium, in line with international standards and EU legislation, has published a range of guid - ance documents, policy guidelines, and state - ments on BHR, particularly in relation to corpo - rate responsibility, due diligence, and human rights protection. The cornerstone of Belgium’s soft law approach is its National Action Plan (NAP) on Business and Human Rights, which outlines concrete steps for implementing the UN Guiding Principles on Business and Human Rights (UNGPs) at the national level. It focuses on integrating human rights due diligence into the operations of Bel - gian companies, including ensuring respect for labour rights, land rights, and other human rights across supply chains. The second action plan dates from 2024. In the context of the NAP on BHR, various resources and practical tools have been devel - oped to help organisations understand how to integrate human rights into their operations. One key resource is the “Toolbox Human Rights” , which offers a user-friendly set of tools designed to guide organisations and their stakeholders in fulfilling their human rights obligations related to their activities. Moreover, Belgium is often referred to as a country of small and medium-sized enterprises (SMEs). Although SMEs are often not the primary
target of the various initiatives in the domain of BHR, they are frequently part of the value or supply chains of large companies. Therefore, the Belgian federal government has published a free online guide to due diligence for SMEs. This guide is available in Dutch, French and English. It clearly and practically explains the due diligence process to an SME audience. Belgium has also implemented government pro - curement policies that integrate BHR expecta - tions for suppliers, particularly in relation to human rights due diligence, ethical sourcing, and environmental sustainability. The Public Procurement Act of 17 June 2016 governs the procurement of goods, services, and works by public authorities and includes sustainability and human rights criteria in procurement procedures. Failure to meet BHR expectations in procure - ment processes can result in several conse - quences for suppliers, such as exclusion from public tenders, contract termination and repu - tational damage. 2.2.8 Regulatory Change In recent years, Belgium has taken significant steps to strengthen its legal and regulatory framework concerning BHR. These develop - ments reflect both Belgium’s national commit - ment to human rights and its alignment with broader EU legislation and international stand - ards. As outlined in the previous sections, significant legislative changes are imminent, particularly in response to new EU regulations (directly appli - cable in Belgium) and directives (which require transposition into national law). Several of these new laws are not yet in force and will be implemented in phases over the
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