Control the legal issues

Legal and regulatory issues related to use of the Internet in organizations.

Control the legal issues

Legal and regulatory issues related to use of the internet are governed by Belgian law, and legislation on Internet related issues impacts the daily activities of the IT department.                     

Both civil and criminal liability of all company stakeholders can be incurred in the event of non-compliance with Belgian law.

This includes:

  •  Belgian laws concerning the use, including illegal use, of the Internet within an organization (Gambling Commission for online gambling, the  FAMHP   for online sales of drugs online, etc...)
  • Belgian law with respect to Internet users, in particular, protection of their personal data (Law on the Personal Data Protection of 8 December 1992, Collective Labour Convention No. 81)

Protect your organization against improper use of the Internet.

A filtering tool is required to ensure optimal legal protection for a company and to limit unauthorized access – provided, of course, that the tool takes into account applicable Belgian law.

Most filtering tools currently on the market today are of Anglo-Saxon origin. These tools impose a global vision by the use of broad filtering categories that are incapable of assuring compliance with Belgian law for a very simple reason:  Internet laws vary from country to country.

For example, the promotion of abortion is prohibited in Belgium, whereas in France it is legal.

Global solutions also use a category known as "LGBT" whose use is banned in Belgium because it discriminates on the subject of sexual orientation, something that is prohibited by the law of February 15, 1993.

In order for a content filtering solution to be relevant it must incorporate a strong Belgian legal perspective for several reasons:

  • That which can be considered as illegal content varies from country to country  - for example, an online gambling site like Golden Palace is permitted in Belgium but illegal in Switzerland.
  • Belgian labor law also imposes special rules for use of the Internet:  information that is provided to employees (LVP Act), the requirement that alarms be sounded before making personal analysis of server logs (CCT No. 81).
  • Conditions of access and retention of employee personal data are also unique in Belgium. 

When contested, a Belgian judge must consider whether the company had implemented the necessary legal means to prevent illegal behavior.  It is now incumbent upon companies to implement local, content filtering technology that actively monitors Belgian laws and allows the company to always be in legal compliance.

Olfeo monitors a company’s legal responsibilities under Belgian law with the help of the ALTIUS law firm in Brussels.

 

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