Business law update: October 2026

Me Marouane Bezdi

Me Marouane Bezdi, published 30 Oct 2026, translated 2 Nov 2026, 6 min read

October 2026 asks three things of businesses: review the prices of sales shipped from outside the Union, prepare for Book 7 of the Civil Code, check a sectoral minimum wage. Five other developments complete this issue, each with what changes, who must act and the official source.

The essentials

You sell to consumers from a third country: a handling fee of 2 euros per item applies from 1 November, review your prices.

Your sales to consumers concluded from 1 September 2027 will follow Book 7 of the Civil Code: plan the overhaul of your general terms and conditions.

You employ staff under joint committee 336: have your payroll provider check the minimum wage due since 1 January 2026.

Selling and contracting

Parcels from outside the Union: 2 euros per item from 1 November

Delegated Regulation (EU) 2026/2152 sets the Union handling fee at 2 euros per item. It applies from 1 November 2026 to goods sold at a distance from a third country. An "item" groups the goods in a single consignment that have the same tariff classification and the same description. An implementing regulation of 28 October 2026 already adapts the customs data "for the purposes of the Union handling fee".

An online shop that ships to consumers from a warehouse outside the Union passes this amount on in its prices. A VAT-registered business that buys from outside the Union for its activity is, in principle, not concerned, because the fee follows the concept of distance sale under VAT law. Before Black Friday, also re-read the rules on crossed-out prices.

Book 7 of the Civil Code: your sales to consumers change on 1 September 2027

Book 7 of the Civil Code, on specific contracts, enters into force on 1 September 2027. Contracts concluded before that date keep the current rules, unless the parties agree otherwise.

The seller will be liable, unless proven otherwise, for a defect that appears at the consumer's within two years of delivery. For second-hand goods, the parties may shorten this period, but not below one year. One rule already applies: since 3 October 2026, if the consumer chooses repair, the guarantee is extended once by one year. Book 7 takes it over.

A clause sometimes departs from what the consumer can reasonably expect. It will only be valid if you expressly draw it to the consumer's attention when the contract is concluded and the consumer expressly and separately accepts it.

If you sell online to consumers, start from the guide to general terms and conditions of sale to prepare your 2027 terms.

Late payment: the Court of Justice clarifies the 40-euro flat fee

Under Union law, the Late Payment Directive provides, between businesses, for a minimum flat fee of 40 euros for recovery costs. It is due as soon as default interest becomes payable, without a prior reminder. On 1 October 2026, the Court of Justice clarified this flat fee and the concept of delay, in the light of abuse of right.

If your software adds this fee automatically, check that a genuine delay justifies it, then see how to recover a debt between businesses.

Trademarks and data

Trademarks: a name that describes your trade remains fragile

The EU Intellectual Property Office (EUIPO) refuses a trademark that lacks distinctive character, or that merely describes the product or service. Use that has made the trademark distinctive removes both obstacles. On 7 October 2026, the General Court of the European Union examined the lack of distinctive character of a word mark application combining a material and a trade. The same day, it ruled on both grounds in invalidity proceedings against the figurative mark MID season.

Before filing the name of your agency, check that it says something other than your trade, then read Protecting your trade name in Belgium.

Geographical indications: Wallonia opens the way for craft products

Since 13 October 2026, a Walloon decree organises applications for geographical indications for craft and industrial products from Wallonia. A group of producers, sometimes a single producer, files the application on the EUIPO's European platform. After a notice in the Belgian Official Gazette (Moniteur belge), any interested person established in Belgium or in the product's State of origin has sixty days to oppose it.

If your product's reputation rests on its place of origin, talk to the producers in your region; for the name of your workshop, see the Trademarks page.

Teams meetings with third parties: a reprimand for lack of transfer analysis

On 9 October 2026, the Litigation Chamber of the Belgian Data Protection Authority (APD/GBA) ruled on transfers to the United States during Microsoft Teams meetings. Two public bodies had held recruitment tests for external candidates there. The Chamber criticises them for not having assessed the risks of these transfers and issues a reprimand, without a fine. A public authority cannot, in principle, receive an administrative fine: the absence of a fine therefore says nothing about the risk for a private company.

For your current tools, note the basis on which your transfers outside the Union rest; the practical GDPR guide for SMEs covers the fundamentals.

Setting up and running your business

BCE/KBO: social insurance funds replace business counters in 2028

From 1 January 2028, registration with the Crossroads Bank for Enterprises (BCE/KBO) will go through a social insurance fund. Texts that refer to a business counter will then be read as referring to these funds. A self-employed person or a company already affiliated will register with their own fund.

Until then, your steps remain those of Becoming self-employed in Belgium: the steps in 2026.

Liberal professions: the minimum wage of JC 336 becomes mandatory

A royal decree of 8 October 2026 makes the minimum monthly wage of joint committee 336 for the liberal professions mandatory. The collective agreement applies from 1 January 2026 and follows the smoothed health index.

A liberal professional starting out as an employee is entitled to 103% of this minimum. Students and young people in dual training are entitled to 95%. If you employ staff in this sector, ask your payroll provider to check the payslips since January.

Dates to note

DateWhat changesWho is concerned
1 January 2026Sectoral minimum wage of JC 336, made mandatory in October 2026Employers in the liberal professions
13 October 2026Applications for geographical indications for Walloon craft productsProducers established in Wallonia
1 November 20262 euros per item on distance sales shipped from a third country (Union handling fee)Sellers and platforms that deliver to consumers from a third country
1 September 2027Book 7 of the Civil Code, for contracts concluded from that dateBusinesses that sell, above all to consumers
1 January 2028Registration with the BCE/KBO through a social insurance fundSelf-employed persons and companies
Timeline of the five dates to note, from 1 January 2026 to 1 January 2028
Five dates to put in your diary.

One of these changes affects your business. Write to me about your situation in three lines.

Sources

  • Delegated Regulation (EU) 2026/2152, art. 1 and 2 (CELEX 32026R2152); Regulation (EU) 2026/2108 establishing the Union Customs Code, art. 5 and 20 (CELEX 32026R2108); Directive 2006/112/EC, art. 14 (CELEX 02006L0112-20250414); Implementing Regulation (EU) 2026/2403 (CELEX 32026R2403).
  • Law of 22 July 2026 inserting Book 7 "Specific contracts" into the Civil Code, art. 14, 49 and 50; Civil Code, art. 7.2.42, 7.2.47 and 7.2.50 (M.B. 23 September 2026, NUMAC 2026005775).
  • Directive 2011/7/EU on combating late payment, art. 6 (CELEX 32011L0007); CJEU, C-209/25, 1 October 2026 (ECLI:EU:C:2026:804).
  • Regulation (EU) 2017/1001, art. 7 (CELEX 32017R1001); General Court, 7 October 2026, T-559/25 (ECLI:EU:T:2026:643) and T-9/26 (ECLI:EU:T:2026:641).
  • Decree of the Walloon Government of 17 September 2026 on geographical indications for craft and industrial products, art. 1, 8, 9 and 48 (NUMAC 2026007370).
  • Data Protection Authority, Litigation Chamber, decision on the merits no. 278/2026 of 9 October 2026; law of 30 July 2018, art. 221, § 2 (NUMAC 2018040581).
  • Law of 8 October 2026, art. 19, 43 and 45 (NUMAC 2026007652).
  • Royal decree of 8 October 2026 making the collective agreement of 15 December 2025 of joint committee 336 mandatory (NUMAC 2026201589).

This article is general information, current as of 30 October 2026. It is not an opinion on your situation.

Translated from the French original published on 30 October 2026. The analysis concerns Belgian and European Union law. Read the French original.

This article is general information; it is not legal advice. Each situation calls for its own analysis.