The new B2B Act

Unfair terms in B2B contracts

Welcome to PwC Legal’s website on unfair terms in B2B contracts.

The Belgian Code of Economic Law sets out mandatory rules to ensure that the terms of contracts between undertakings are fair and not abusive. 

These rules apply to agreements between undertakings - regardless of their nature or size - entered into, renewed or adapted after 1 December 2020.

As a general rule, the law states that each contractual term, individually or together with other terms, that creates a significant imbalance between the rights and obligations of the parties, is prohibited. Further, the law provides a black list of clauses that are in any case unlawful and a grey list of clauses which are presumed to be unlawful, unless proven otherwise.

The law also mandates that all terms of a written contract should be drafted in a clear and understandable manner.... a rule which does not necessarily apply to the text of the law itself. 

The provisions are sometimes ambiguous and often require interpretation, which does not improve legal certainty in commercial transactions.

At PwC Legal, we want to provide you with guidance and help you navigate the new rules.

On this page, we have bundled all articles by PwC Legal experts giving insight into the new B2B rules in various legal domains (general terms of business, general commercial contracts, M&A contracts, etc.) and across specific industries (real estate, financial services sector, etc.).

B2B Act and its impact on business agreements

Not only COVID-19 restrictions have an impact on the way businesses can operate. Also new legislative initiatives launched before COVID-19 will have a significant impact on how business will be conducted in the future. As from 1 December 2020, new rules will apply on businesses for entering into B2B agreements.

Are you interested in finding out how and to which extent these changes will impact your business agreements? Replay our webinar on 10 November 2020! PwC Legal experts will give you insight on these new rules and the impact on several B2B agreements.

Stay tuned! New articles will be published soon. And please do reach out if you have questions. We’re here to help.


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Karin Winters

Karin Winters

Partner, PwC Legal BV/SRL

Tel: +32 476 60 26 94

Bart Vanstaen

Bart Vanstaen

Advocaat Vennoot / Avocat Associé, PwC Legal BV/SRL

Tel: +32 473 52 62 49

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