Are your terms and conditions ready for 2025?
2025 has begun, and in addition to new opportunities for your business, the new year also brings important legislative changes. As of Jan. 1, the new Book 6 “Extra-Contractual Liability” of the Civil Code enters into force. This introduces two essential changes: the abolition of the concurrence prohibition and the end of the quasi-immunity of performing agents. What does this mean concretely for your company? And how can you prepare your contracts and general terms and conditions accordingly?
NOMA keeps a close eye on the changes in the legal playing field and is happy to advise you on the new liability law as of 2025. Pragmatic and personal, as you would expect from our lawyers.
What do the new liability rules change for your business?
With the elimination of the concurrency prohibition and quasi-immunity, the Belgian legislature is making significant changes starting in 2025, resulting in increased liability. The good news? The new rules in Book 6 are of supplementary law, which means that with the right clauses and general conditions, you can manage your risks with precaution.
- For example, you can explicitly include the concurrence prohibition in your contracts, such as through a separate clause or in the general conditions.
- You can also contractually scale back the liability of the performing agent, such as subcontractors, both at the level of your own contract with the principal, and in your contract with your performing agent, for example, through a sterkmakingsverobligations.
- In addition, you can contractually limit liability for employees and directors, for example with a quasi-immunity clause, an indemnity agreement or directors' liability insurance.
Do you have questions about updating your contracts or general terms and conditions? Our attorneys will keep their finger on the pulse of your agreements and are happy to make adjustments where necessary so that they are fully up-to-date in 2025. Feel free to contact us, we will be happy to help you!
Kind regards,
Team NOMA
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