Last week, the Special Advisory Committee on unfair terms (‘BRC Onrechtmatige Bedingen’), a Belgian advisory body, published its advice on the rules relating to unfair terms in the Belgian B2B law. This advice was requested by the Minister of Economy and forms part of the legislator's planned evaluation of the B2B law of 4 April 2019.

The advice provides valuable insights (including relevant considerations, analyses of clauses and recommendations) on several key topics:

• the requirement for clauses to be drafted in a clear and comprehensible manner;
• the prohibition of clauses that create a manifest imbalance between the rights and obligations of the parties;
• clauses that are unlawful (black list) and those presumed to be unlawful (grey list).

Although the BRC’s advice is non-binding, it will be used by the legislator in evaluating the B2B law.

For a detailed read, check out the full advice here.


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