BelgiumAct of 21 April 2024 Implementing the Digital Services Act, BIPT Competence, Investigation Powers and Penalties
Loi du 21 avril 2024, arts. 6-14 (loi du 17 janvier 2003, arts. 14, 15/1, 20, 21)
In force since .
A transparency and process rule binding public and private bodies.
- Obligation class
- Reporting
As of .
What it requires
- Comply with Regulation (EU) 2022/2065 as a provider of an intermediary service established in Belgium or with a legal representative there; the Belgian Institute for Postal Services and Telecommunications (BIPT) is a competent authority for it under Article 49 of the Regulation, for the federal competences.
- Allow the BIPT to inspect your premises under Article 51(1)(b) of the Regulation once its Council has decided on the inspection; the decision states the object and purpose of the inspection, the date it starts and the sanctions that apply in case of non-compliance, and an inspection in a private home needs an investigating judge's authorization.
- Give the explanations that BIPT staff mandated by the Council request under Article 51(1)(c) of the Regulation; they are recorded in a report that the person questioned signs.
- Comply with the interim measures that the BIPT Council adopts when it finds a breach of the Regulation prima facie, under Article 51(2)(e) of the Regulation.
- Perform any commitment you propose under the Regulation that the BIPT accepts and makes binding.
If you get it wrong
Penalty structure
Article 13 of the Act supplements Article 21, paragraph 5 of the law of so that the maximum administrative fine for a breach of the Regulation is the amount referred to in Article 52(3) of the Regulation, which states it as 6 % of the provider's annual worldwide turnover in the preceding financial year, and as 1 % of annual income or worldwide turnover for supplying incorrect, incomplete or misleading information, failing to reply or rectify it, or failing to submit to an inspection. The maximum periodic penalty payment is the amount referred to in Article 52(4), which states it as 5 % of average daily worldwide turnover or income per day.
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 6
Who enforces it
Enforcement body
The Belgian Institute for Postal Services and Telecommunications (BIPT), through its Council, for the federal competences; the Vlaamse regulator voor de media (VRM), the Conseil supérieur de l'audiovisuel (CSA) and the Medienrat are the competent authorities designated by the Flemish, French and German-speaking Communities.
What this law does
Article 7 of the Act of inserts a paragraph 1/1 into Article 14 of the law of on the statute of the BIPT, under which the Institute is, for the federal competences, a competent authority within the meaning of Article 49 of Regulation (EU) 2022/2065. Article 9 inserts Article 15/1, under which the Institute itself carries out the inspections of premises provided for in Article 51(1)(b) of the Regulation, after a decision of its Council.
The decision of the Council or its president states the object and purpose of the inspection, fixes the date on which it starts and mentions the sanctions that apply in case of non-compliance. An inspection in a private home needs at least two officials acting together and the authorization of an investigating judge of the Dutch-language or French-language court of first instance of Brussels.
Requests for explanations under Article 51(1)(c) of the Regulation are made by staff of the Institute mandated by the Council, and the explanations are recorded in a report that the person questioned signs. Article 12 adds a paragraph 3 to Article 20, under which the Council adopts interim measures when it finds a breach prima facie, in the context of Article 51(2)(e) of the Regulation.
Article 13 supplements Article 21, paragraph 5, so that the Institute may accept the commitments that a provider of an intermediary service proposes under the Regulation and make them binding. For breaches of the Regulation, the maximum administrative fine is the amount referred to in Article 52(3) of the Regulation. For breaches of the Regulation, the maximum periodic penalty payment is the amount referred to in Article 52(4) of the Regulation.
Paragraph 7/3 of Article 21 provides that, for the restriction of access provided for in Article 51(3), first paragraph, point (b) of the Regulation, the Institute applies to the president of the court of first instance sitting in summary proceedings. The Chamber of Representatives adopted the text in plenary session on , in the form adopted in committee in second reading.
When LexLint raises it
When your app profile says your app operates a social platform.