Belgian Consumer Law: Obligations for Online Retailers

Online trade in Belgium is governed by a dense body of law, drawn mainly from the Code of Economic Law (CDE), the GDPR and several European directives transposed into Belgian law. E-commerce businesses face many obligations, and the penalties for non-compliance can be severe. This article details every rule that any e-commerce business active in Belgium must know and apply, as set out in Belgian consumer law.

Belgian Consumer Law: The Legal Framework for E-Commerce

The key texts

Competent supervisory authorities

• FPS Economy, Directorate-General for Economic Inspection: enforcing the CDE, investigations, penalties
• Data Protection Authority (APD): enforcing the GDPR
• Belgian Contact Point for E-Commerce: guidance for consumers and businesses

Pre-Contractual Information Obligations

Business identification (article XII.6 of the CDE)

Every e-commerce site must display, in a clear, understandable and accessible way:

• Company name and legal form
• Geographic address of the registered office (not just a PO box)
• Email address and phone number
• Enterprise number (CBE) in the format 0XXX.XXX.XXX
• VAT number (if liable for VAT)
• Professional register references (where applicable)
• Contact details of the competent supervisory authority

Information on products and services (article VI.45 of the CDE)

Before the contract is concluded, the consumer must receive the following information under Belgian consumer law:

• The main characteristics of the goods or service
• The total price, VAT-inclusive, including all costs (delivery, taxes, etc.)
• Delivery costs, itemised (if not included in the price)
• Payment, delivery and performance terms
• Delivery time (maximum 30 days unless otherwise agreed)
• Whether the right of withdrawal exists and on what conditions (or its absence, for exceptions)
• The existence of the legal conformity guarantee (2 years)
• Contract duration and termination conditions (for subscriptions)
• Functionality and interoperability of digital content

The online ordering process (article XII.7 of the CDE)

The site must allow the consumer to:

1. Review their order before confirming it
2. Correct input errors before committing
3. Explicitly confirm their obligation to pay (a button reading "Order with obligation to pay" or an unambiguous equivalent)
4. Receive an acknowledgement of receipt of the order by electronic means

The Right of Withdrawal

Principle (articles VI.47 to VI.53 of the CDE)

Under Belgian consumer law, a consumer buying at a distance has 14 calendar days to withdraw, with no need to give a reason or pay any penalty.

Calculating the period

Seller obligations

• Provide a standard withdrawal form (Annex 2 of Book VI of the CDE)
• Clearly inform the consumer of their right of withdrawal before the order
• If this is omitted: the withdrawal period is extended by 12 months (i.e. 12 months plus 14 days in total)

Consequences of withdrawal

• The seller must refund all payments received (including standard delivery costs) within 14 days of being notified
• The refund must use the same payment method as the original transaction
• Return costs are borne by the consumer, unless the seller agrees to cover them or failed to inform the consumer of this cost

Exceptions to the right of withdrawal (article VI.53 of the CDE)

The right of withdrawal does not apply to contracts for:

• Goods made to the consumer's specifications or clearly personalised
• Goods liable to deteriorate or expire quickly
• Sealed goods that cannot be returned for health or hygiene reasons (cosmetics, unsealed underwear)
• Sealed audio/video recordings or computer software
• Newspapers, periodicals and magazines (except subscriptions)
• Transport, accommodation (other than residential), catering or leisure services with a specific date or period of performance
• Digital content not supplied on a physical medium, if performance has begun with the consumer's express consent and acknowledgement that they lose their right of withdrawal

Practical example: the withdrawal process

1. A consumer orders a garment on 1 March 2026 from a Belgian online shop
2. They receive it on 5 March 2026: the 14-day period begins
3. They have until 19 March 2026 to notify their withdrawal (by email, form, letter)
4. Once withdrawal is notified, the consumer has 14 days to return the goods
5. The seller has 14 days from notification to refund (they may wait for the returned goods or proof of shipment)

The Legal Conformity Guarantee

Belgian consumer law also gives buyers a legal conformity guarantee that runs well beyond the withdrawal period.

Applicable rules

Following the transposition of Directive 2019/771 into Belgian law:

• Duration: 2 years from delivery
• Presumption of pre-existence: during the first 12 months, any defect is presumed to have existed at the time of delivery (the seller must prove otherwise)
• After 12 months: it is up to the consumer to prove the defect existed at the time of delivery

Hierarchy of remedies

The consumer can demand (in this order of priority):

1. Repair or replacement of the goods (the consumer's choice, unless the chosen remedy is disproportionate)
2. A proportional price reduction if repair or replacement is impossible or was not carried out within a reasonable time
3. Termination of the contract (full refund) if the defect is serious or the previous remedies have failed

Second-hand goods

The legal guarantee also applies to second-hand goods sold by a professional, but the parties can agree to reduce the guarantee to a minimum of 1 year.

Digital content and digital services

Following the transposition of Directive 2019/770:

• The provider of digital content (software, streaming, apps) must guarantee conformity for the entire duration of the contract
• Security updates must be provided for a reasonable period
• The consumer has the right to terminate the contract if the provider does not fix the defect

Unfair Terms in B2C Contracts

Belgian consumer law bans certain contract terms outright and treats others as presumed unfair.

The blacklist (article VI.83 of the CDE)

These terms are always prohibited and deemed not written:

1. Terms irrevocably binding the consumer while the business can still withdraw
2. Terms allowing the business to unilaterally change the price with no right of termination for the consumer
3. Terms allowing the business to unilaterally change the characteristics of the product or service
4. Terms removing or limiting the consumer's right to redress if the business fails to perform
5. Terms imposing a disproportionate penalty on a consumer who fails to perform their obligations

The grey list (article VI.83/1 of the CDE)

These terms are presumed unfair (the business can rebut the presumption by proving they do not create an imbalance):

• Automatic renewal terms with no clear prior notice
• Terms imposing an excessively long termination notice period
• Terms requiring the consumer to use arbitration exclusively

Obligations Relating to Pricing and Promotions

Price transparency (Omnibus Directive)

Belgian consumer law requires price transparency, following the transposition of the Omnibus Directive into Belgian law (2022):

• For any price reduction, the seller must display the prior price (the lowest price applied in the 30 days before the reduction)
• Fake consumer reviews are prohibited (buying reviews, publishing fake reviews, selectively deleting negative reviews)
• Paid search results must be clearly labelled as such
• Marketplaces must inform the consumer whether the seller is a business or a private individual

Penalties

The FPS Economy's Economic Inspectorate can impose:

• Administrative fines of up to EUR 80,000 per infringement
• Criminal fines of up to 4% of annual turnover for the most serious unfair commercial practices
• Cease-and-desist orders issued by the president of the Enterprise Court

GDPR Obligations for E-Commerce Businesses

Privacy policy

Every e-commerce business must publish a privacy policy detailing:

• The categories of data collected (name, address, email, payment data, IP address, cookies)
• The purposes of processing (performing the contract, marketing, statistical analysis)
• The legal basis for each processing activity (consent, performance of the contract, legitimate interest, legal obligation)
• The retention period for the data
• The recipients of the data (processors, payment providers, carriers)
• Transfers outside the EU (if any) and the safeguards applied
• Data subjects' rights (access, rectification, erasure, restriction, portability, objection)
• The contact details of the DPO (mandatory for certain businesses)
• The right to lodge a complaint with the Data Protection Authority (APD) (autoriteprotectiondonnees.be)

Cookies and consent

The Belgian law of 13 June 2005 (on electronic communications), as amended, requires:

• Explicit consent before placing non-essential cookies (marketing, analytics)
• A cookie banner offering the option to accept, refuse or customise settings
• Cookies strictly necessary for the site to function do not require consent
• Consent must be freely given, specific, informed and unambiguous (no pre-ticked boxes)

GDPR penalties

The Data Protection Authority (APD) can impose fines of up to:

• EUR 10 million or 2% of worldwide turnover for breaches of the data controller's obligations
• EUR 20 million or 4% of worldwide turnover for violations of data subjects' rights or fundamental principles

Obligations Relating to Online Payment

Payment methods

The seller must inform the consumer of the accepted payment methods before the order. The most common in Belgium:

• Bancontact/Payconiq (the most used by Belgian consumers)
• Credit cards (Visa, Mastercard)
• Bank transfer
• PayPal and digital wallets
• Klarna, Alma (split payment)

Payment Services Directive (PSD2)

• Strong customer authentication (SCA) is mandatory for online payments over EUR 30
• The consumer's liability is limited to EUR 50 in the event of fraudulent use of their payment method (except in cases of gross negligence)

Out-of-Court Dispute Resolution

The European ODR platform

Every e-commerce business selling to consumers in the EU must:

• Mention the existence of the European Commission's ODR platform (Online Dispute Resolution)
• Provide a link to this platform: ec.europa.eu/consumers/odr
• Display their email address on the platform

The Consumer Mediation Service

In Belgium, the Consumer Mediation Service (mediationconsommateur.be) is the qualified body for the out-of-court resolution of consumer disputes. The service is free for the consumer.

There are also sector-specific mediation services:

• The Insurance Ombudsman
• The Financial Services Ombudsman (Ombudsfin)
• The Energy Mediation Service
• The Telecommunications Mediation Service

Compliance Checklist for a Belgian Online Shop

Conclusion

Belgian consumer law makes the legal framework for e-commerce demanding but protects both parties. An e-commerce business that scrupulously complies with the obligations of the CDE, the GDPR and the transposed European directives protects itself against disputes and strengthens customer trust. The FPS Economy's Economic Inspectorate carries out regular checks, including online "mystery shopping". It is better to invest in compliance from day one than to risk potentially severe penalties. If in doubt, consult a lawyer specialised in e-commerce law or the FPS Economy (pointdecontact.belgique.be).