Belgium: modified rules on pre-contractual information affect franchise agreements in Belgium — existing as well as future

By Joris Beckers and Philip F Zeidman

Book X of the Belgian Economic Code concerning agency agreements, commercial collaboration agreements and distribution agreements is now in force. All franchisors will be affected, but those with existing franchise agreements in Belgium need to be especially attentive.

Section 2 of Book X replaces the mandatory law of 19 December 2005 on pre-contractual information for commercial collaboration agreements (informally referred to as the Belgian Franchise Law).

Essentially, that law obliged franchisors to supply franchisees in Belgium with a mandatory list of pre-contractual information at least one month prior to the conclusion of the franchise agreement. If a franchisor did not comply with its pre-contractual information obligations, the franchisee could request the annulment of the franchise agreement up to two years after its conclusion…

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