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Daniel Fesler

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Daniel Fesler joined Baker McKenzie in 1993 and was admitted to the Brussels’ bar in 1990. He was made partner in 2004. His areas of practice are IT/IP law, Copyright, Database rights, E-commerce and Data Protection. Mr. Fesler is a member of Belgium’s IP and Trade & Commerce / TMT Practice Groups of Baker & McKenzie.

On 15 January 2021, the Belgian government approved a preliminary federal bill (Bill) transposing the Audiovisual Media Services Directive (AVMSD), which revises the obligations vis-à-vis linear and on-demand audiovisual media service (AVMS) providers and proposes a new regulatory framework for Video-Sharing Platform Services (VSPS). 

This Bill is introduced at the federal legislative level, meaning it will apply with respect to operators providing services that are not exclusively directed to the Dutch- or French-speaking community in the Brussels-Capital Region, complementing the jurisdiction of the Flemish-, French- and German-speaking Communities. The federal media regulator, the Belgian Institute for Postal Services and Telecommunications (BIPT), will remain responsible for the supervision of compliance of the new law.

On 15 January 2021, the Belgian government approved a preliminary federal bill (Bill) transposing the Audiovisual Media Services Directive (AVMSD), which revises the obligations vis-à-vis linear and on-demand audiovisual media service (AVMS) providers and proposes a new regulatory framework for Video-Sharing Platform Services (VSPS). 

This Bill is introduced at the federal legislative level, meaning it will apply with respect to operators providing services that are not exclusively directed to the Dutch- or French-speaking community in the Brussels-Capital Region, complementing the jurisdiction of the Flemish-, French- and German-speaking Communities. The federal media regulator, the Belgian Institute for Postal Services and Telecommunications (BIPT), will remain responsible for the supervision of compliance of the new law.

B2B relationships, particularly in the retail sector, are often characterized by an economic imbalance between the contracting parties, resulting in one party being able to impose contractual terms that would not be possible under normal market circumstances. Therefore, on 21 March 2019, the Belgian Parliament passed a new act on the abuse of economic dependence, unfair terms and unfair practices in B2B relationships (the ‘Act’).