BELGIUM Law and Practice Contributed by: Chris Engels and Julie Devos, Claeys & Engels
coming years. The Belgian legislator is expected to develop new national legislation to transpose the relevant EU directives. Currently, no draft texts have been published for some of these measures. Therefore, the coming years will bring significant legal and compliance implications, especially for large companies operating in Belgium. It remains to be seen how these new obligations will be monitored and enforced in practice and whether they will lead to more responsible and rights- respecting business conduct. 3. Corporate Liability 3.1 Criminal and Civil Corporate Liability In Belgium, corporate liability concerning BHR is evolving, with a growing emphasis on civil and criminal accountability for companies that fail to uphold human rights standards. This develop - ment is driven by national legislation, EU direc - tives and regulations, and Belgium’s adherence to international frameworks such as the UN Guiding Principles on Business and Human Rights (UNGPs) and the OECD Guidelines for Multinational Enterprises. Belgium has taken steps to ensure that busi - nesses are held accountable for human rights violations within their operations and across their global supply chains. This includes due diligence obligations, transparency and reporting require - ments, and sanctions for non-compliance. Under Belgian civil law, companies can be held civilly liable for harm caused by their actions or omissions, including human rights abuses in their operations or supply chains. Tort liability (based on negligence, fault, or strict liability)
allows individuals or groups harmed by business activities to seek compensation. Belgium also recognises corporate criminal liability, particularly in cases involving forced labour, human trafficking, and other serious violations. While corporate criminal liability in Belgium has traditionally focused on areas like environmental offences, corruption, and health and safety violations, recent developments indi - cate an increasing focus on business and human rights. Belgian authorities, such as the Public Prose - cutor’s Office and the Labour Inspectorate, are responsible for investigating and enforcing civil and criminal liability regarding BHR. Civil suits and criminal charges may be brought before Bel - gian courts, which have the power to impose penalties or mandate corrective actions. 3.2 Director and Officer Liability In Belgium, company directors and officers can be held personally liable for human rights abus - es committed by the corporation, particularly if they were directly involved in or failed to pre - vent such abuses. Directors and officers may incur both civil and criminal liability, depending on their role in the violations and the nature and severity of those violations. The evolving legal framework surrounding BHR, including due dili - gence obligations and preventing human rights harms, increases the potential for liability at the leadership level. Under Belgian law, directors and officers have a duty of care to ensure that the company’s oper - ations do not harm or violate human rights. If they neglect this duty – for example, by failing to implement or oversee due diligence processes or by ignoring human rights risks in the supply
21
CHAMBERS.COM
Powered by FlippingBook