Question 1

I want to pay my developers in copyright income. How do I make it hold up with the tax authorities?

Accepted Answer

The regime exists and it is framed: an indexed annual ceiling, a maximum share of total remuneration, the requirement of a protected work and of a real assignment or licence. For software, the administration's position has changed since 2023 and many applications for advance rulings are pending (L'Echo, 4 September 2026). The method that holds: qualify the works in writing, sign an assignment agreement, run the figures with the accountant, secure a ruling where doubt remains.

Question 2

If I file a ruling application now, will it cover 2026?

Accepted Answer

According to L'Echo of 4 September 2026, processing times run to mid-2027 and retroactive effect would depend on a decision issued before 30 June 2027. I check that timetable on the day of your file, with your accountant, before advising you to wait or to file.

Question 3

How do I make sure my employment contracts transfer the rights to the code properly?

Accepted Answer

For the program itself, the law presumes assignment to the employer (article XI.296 of the Code of Economic Law). For the rest (documentation, mock-ups, content), the contract must provide for the assignment expressly, stating the rights, the modes of exploitation, the term and the territory. I review your templates and add the missing clause.

Question 4

An AI has been trained on my content without my consent. Can I do anything from Belgium?

Accepted Answer

Yes, at three levels. A machine-readable reservation of rights (the European text and data mining exception gives way to it). A request for information: the AI Act requires providers of general-purpose models to publish a summary of the training content and a policy for respecting reservations. A formal notice, then an action, if identifiable extracts come out.

Question 5

Am I allowed to scan documents to train my own internal model?

Accepted Answer

On three conditions: lawful access to the documents, no reservation of rights expressed by their holder, and compliance with the GDPR if personal data is in them (legal basis, information, minimisation). The licence agreements of your sources may forbid it: they come first.

Question 6

I put an AI agent into production at a client's and it made a mistake. Who is liable?

Accepted Answer

The contract first: scope of autonomy, human supervision, logging, cap. The AI Act does not settle civil liability. The revised Product Liability Directive (2024/2853) extends the regime to software for products placed on the market after 9 December 2026. Without a clause, the general law of contract applies, and it is not in your favour.

Question 7

My software supplier uses AI. What should I demand in the contract?

Accepted Answer

The exact scope of what the AI does on its own, a right of supervision and shutdown, logging of decisions. Then: ownership of outputs, a ban on training on your data, insurance and a liability cap that covers the actual loss. The AI clause pack gathers these clauses in a customer version.

Question 8

I use a tool to sort CVs automatically. Am I allowed to?

Accepted Answer

Yes, under conditions. Automated screening of applications is among the high-risk uses of the AI Act. The company using it must provide human supervision, inform candidates and staff, and retain logs. The GDPR already frames automated decisions (article 22) and requires an impact assessment. The timetable for the high-risk obligations has been the subject of proposed postponements. I check the state of the text on the day of the consultation.

Question 9

I am told my website must comply with the DSA. Is that true for an SME?

Accepted Answer

The Digital Services Act targets intermediaries: hosting, marketplaces, platforms that publish user content. A brochure website or a shop selling its own products is not concerned. A marketplace or a forum is, with lighter obligations for micro and small enterprises.

Question 10

My trade mark is registered in the Benelux. Does it protect me in Morocco?

Accepted Answer

No. A trade mark is territorial: a Benelux filing covers Belgium, the Netherlands and Luxembourg, nothing else. Morocco is covered by a filing with the OMPIC or by a designation in an international application (Madrid system).

Question 11

I want to open a franchise of my concept in Morocco. Where do I start?

Accepted Answer

With the trade mark at the OMPIC, before any contact with a prospective franchisee. Then the master franchise agreement (applicable law, royalties, non-compete, know-how), then the review of the Moroccan commercial lease of the first outlet.

Question 12

The company account was emptied by phishing and the bank refuses to refund. Can I force it to?

Accepted Answer

For an unauthorised payment, the law puts the refund on the bank. Fraud or gross negligence by the customer is the exception, and the bank must prove it (Book VII of the Code of Economic Law). For a business account, the framework agreement may derogate from part of these rules: it has to be read. The approach: immediate report, reasoned formal notice, then Ombudsfin.

Twelve questions companies ask me

Forty-five minutes to scope the matter, €120 excl. VAT

A 45-minute video call, prepaid.

A written report in five points within 24 working hours: the problem as you put it, the options, my recommendation, the budget for what follows, the timing.

If you instruct me within 30 days, the €120 is deducted from the fee.

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