IP, IT & Data Law in the Federal Government Agreement 2025-2029
19 Feb 2025
The freshly installed Belgian federal government (the Arizona coalition) has adopted its plan for 2025. Innovation, data sharing and the growth of the digital economy are not forgotten. Note that this plan will be further developed through legislative and regulatory texts. We will of course keep you posted!
Data sharing
The Arizona Government will work on:
- The development of a Belgian data strategy, in consultation with the Data Protection Authority, to regulate the use, sharing and sale of data within the existing European framework. The aim is to create a common data market that respects personal data protection.
- The implementation of the European Health Data Space (EHDS), focusing on the compatibility and interoperability of different data projects within the federal government. It will improve electronic patient files to facilitate the sharing of patient data between medical professionals, with the patient’s consent.
- The enhancement of a patient’s right to "donate" health data to science, in line with the GDPR, EHDS and the Data Governance Act. This will comprise information from medical records, genetic data, lifestyle information and biological samples. This data, provided that it is anonymised or pseudonymised, will be used for scientific research and provide insights into health issues. The Arizona Government will investigate the need for additional protection for data donation.
- The continuation of the federal Open Data strategy for governmental data, which has been a success for innovation, economic growth, transparency, and participation. A cooperation agreement will be concluded, after approval by the European Commission, between the Data Protection Authority and the Flemish Supervisory Commission.
Artificial intelligence (AI)
The Arizona Government plans to:
- Appoint the Belgian Institute for Postal services and Telecommunications (“BIPT”) as a supervisory authority for the European AI Act as well as the Data Act.
- Adopt a concrete policy for deploying AI tools regulated by the EU AI Act. In collaboration with intelligence and security services, the government will enable pilot projects using facial recognition technology to track convicted individuals and criminal suspects.
- Expand the current surveillance legislation to allow the continued applications of (smart) camera surveillance. AI is also being further deployed to relieve the police of certain administrative tasks, for example through the implementation of 'speech-to-text' technologies. When assessing the use of new technologies, the Arizona Government will ensure a proper balance between security and privacy considerations.
- Implement a sovereign "cloud first strategy" and a global policy on the use of artificial intelligence to improve the efficiency of the public sector.
Fostering innovation and IP
The Arizona Government intends to:
- Re-expand the copyright tax regime to end the existing inequity between digital professions (that currently cannot benefit from the advantageous regime) and other professions. Software protected by copyright will become eligible again for the tax regime applicable to copyrights.
- Develop a strong IP regulatory agenda that provides the necessary incentives for developers but also takes societal matters into account. This vision will be advocated in the debates on Regulatory Data Protection (RDP), Market Protection, the Supplementary Protection Certificate (SPC), patents on molecules, and the exceptional regime for orphan drugs.
Cybersecurity
The Arizona Government will:
- Establish a framework allowing police services to use ethical hackers (as allowed by the NIS II Law) in line with general legal principles such as proportionality and adequate oversight.
- Create a legal framework for the police services to respond quickly to cyberattacks and phishing campaigns with appropriate measures.
Of course, all these measures are still subject to political debate and parliamentary adoption.
Other measures impacting the Belgian legal landscape concerning IP, IT and data could be adopted, depending on variations in the political agenda and government priorities.
As Belgium is a Federal State, these measures will have to be assessed jointly with the country’s regional and communitarian entities. Want to further discuss how these measures might impact you or your company? Please contact Loïc Delanghe (BE), Isha Upadhyaya (BE), Peter Decru (BE) or Karin Winters (BE) - we are here to help.
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