This biannual learning unit is being organized in 2026-2027
This learning unit is not open to incoming exchange students!
Teacher(s)
Language
French
Main themes
Six different topics will be addressed as part of this course. They are subject to change and are selected each year based on current developments in business law and the evolution of its constituent fields. The aim is to enable master's students to become familiar with more specialized legal questions and solutions than those covered at the bachelor's level, but which are increasingly encountered in the practice of business law.
Learning outcomes
At the end of this learning unit, the student is able to : | |
| 1 | The course unit is aligned with the skills and learning outcomes set out in the Master’s program in Law (evening schedule) : https://uclouvain.be/prog-2025-drln2m-competences_et_acquis.html At the end of this course, students should also be able to understand the basic principles and the legal and societal challenges of the subjects covered, and to critically analyze whether the current normative framework provides an adequate response. |
Content
Six different topics will be addressed as part of this course. They are subject to change and are selected each year based on current developments in business law and the evolution of its constituent fields. The aim is to enable master's students to become familiar with more specialized legal questions and solutions than those covered at the bachelor's level, but which are increasingly encountered in the practice of business law.
Module 1: Selected Issues in the field of Payment Services
Electronic payments are mainly governed by Book VII of the Belgian Code of Economic Law. Reforms are also underway at European Union level, in particular to take into account technological developments. Several specific issues will be addressed: the protection of victims of fraudulent practices such as phishing; the financial exclusion that may affect certain natural or legal persons, for example as a result of the digital divide; and the reuse of certain data in the context of open banking.
Module 2: Consumer Protection, Market Practices and the Environment. This module examines certain rules of business law that influence a company’s market practices in the name of environmental protection. In B2C relations, environmental protection is frequently used as an incentive to purchase a product presented to consumers. Consumers must, however, be properly informed of the environmental and social characteristics of the product and must not be influenced by unfair claims, such as greenwashing. The module will study the provisions recently inserted into the Belgian Code of Economic Law to ensure this protection, in accordance with Directive (EU) 2024/825. In B2B relations, attention will be given to the possible application of the prohibition of acts contrary to honest market practices, laid down in Article VI.104 of the Code of Economic Law, to undertakings whose practices show that they do not adapt -or do not sufficiently adapt - their product offering to the purposes of the green or ecological transition of the economy, unlike other market actors, especially competitors.
Module 3: Consumer Protection in the Field of Travel and Tourism
This module aims to analyze the sector specific regulations, under European Union law and Belgian law, that may protect consumers when they travel and are confronted with various difficulties: cancellation or delay of a flight, works taking place in the hotel they booked, cancellation by the travelers due to force majeure, an Airbnb rental that does not conform to its description, and so on. Certain transversal rules will also be presented, including the prohibition of unfair commercial practices and unfair contract terms, distance contracts, and related matters.
Module 4: European Competition Law and Digital Platforms. With the exponential influence on digital markets of certain online platforms, known as “gatekeepers” and including companies such as Alphabet, Amazon and Apple, which provide services regarded as essential - such as social networks, search engines, online advertising services or operating systems - European competition law has introduced a specific set of rules applicable to them independently of Articles 101 and 102 TFEU: Regulation (EU) 2022/1925, known as the Digital Markets Act or “DMA”. The DMA lays down a large number of specific obligations, notably concerning the protection of data, including personal data where applicable, collected from end users; the interoperability of certain communications services; prohibitions on restricting the freedom of business users to contract with end users of the platform; prohibitions on imposing the use of certain identification, payment or other services on those business users and end users; and prohibitions on giving more favourable treatment, in ranking or indexing, to its own services and products than to those of third parties. This module will be dedicated to the study of these rules.
Module 5: Overview of Certain Recent Contractual Models
As a result of contractual freedom and market innovation, new contractual models regularly emerge. This module aims to analyze some of them by presenting the main issues at stake and examining how they are contractually regulated, on the basis of concrete clauses, and in light of any mandatory provisions that may apply. Topics may include contracts relating to products as a service, data-related contracts, or certain intermediation contracts for the provision of services that fall outside the mandatory rules of the Belgian Code of Economic Law.
Module 6: Freedom to Conduct a Business Through the Lens of Article 16 of the Charter of Fundamental Rights of the European Union. Freedom to conduct a business enjoys particular protection in European Union law, having been elevated to the highest level in the hierarchy of norms. However, the scope of this provision is specific and remains poorly understood by lawyers, who therefore do not fully exploit its potential, particularly before domestic courts. Through the recent case law of the Court of Justice of the European Union, this module will examine the precise scope of the protection afforded by the Charter to freedom to conduct a business, the interpretation of its content as clarified by the Court, and the subtle balancing exercises required when it is limited by other rights and freedoms - such as property, intellectual property, and freedom to receive and impart information - or by objectives of general interest, such as employment protection, health protection, and the maintenance of international peace and security.
Module 1: Selected Issues in the field of Payment Services
Electronic payments are mainly governed by Book VII of the Belgian Code of Economic Law. Reforms are also underway at European Union level, in particular to take into account technological developments. Several specific issues will be addressed: the protection of victims of fraudulent practices such as phishing; the financial exclusion that may affect certain natural or legal persons, for example as a result of the digital divide; and the reuse of certain data in the context of open banking.
Module 2: Consumer Protection, Market Practices and the Environment. This module examines certain rules of business law that influence a company’s market practices in the name of environmental protection. In B2C relations, environmental protection is frequently used as an incentive to purchase a product presented to consumers. Consumers must, however, be properly informed of the environmental and social characteristics of the product and must not be influenced by unfair claims, such as greenwashing. The module will study the provisions recently inserted into the Belgian Code of Economic Law to ensure this protection, in accordance with Directive (EU) 2024/825. In B2B relations, attention will be given to the possible application of the prohibition of acts contrary to honest market practices, laid down in Article VI.104 of the Code of Economic Law, to undertakings whose practices show that they do not adapt -or do not sufficiently adapt - their product offering to the purposes of the green or ecological transition of the economy, unlike other market actors, especially competitors.
Module 3: Consumer Protection in the Field of Travel and Tourism
This module aims to analyze the sector specific regulations, under European Union law and Belgian law, that may protect consumers when they travel and are confronted with various difficulties: cancellation or delay of a flight, works taking place in the hotel they booked, cancellation by the travelers due to force majeure, an Airbnb rental that does not conform to its description, and so on. Certain transversal rules will also be presented, including the prohibition of unfair commercial practices and unfair contract terms, distance contracts, and related matters.
Module 4: European Competition Law and Digital Platforms. With the exponential influence on digital markets of certain online platforms, known as “gatekeepers” and including companies such as Alphabet, Amazon and Apple, which provide services regarded as essential - such as social networks, search engines, online advertising services or operating systems - European competition law has introduced a specific set of rules applicable to them independently of Articles 101 and 102 TFEU: Regulation (EU) 2022/1925, known as the Digital Markets Act or “DMA”. The DMA lays down a large number of specific obligations, notably concerning the protection of data, including personal data where applicable, collected from end users; the interoperability of certain communications services; prohibitions on restricting the freedom of business users to contract with end users of the platform; prohibitions on imposing the use of certain identification, payment or other services on those business users and end users; and prohibitions on giving more favourable treatment, in ranking or indexing, to its own services and products than to those of third parties. This module will be dedicated to the study of these rules.
Module 5: Overview of Certain Recent Contractual Models
As a result of contractual freedom and market innovation, new contractual models regularly emerge. This module aims to analyze some of them by presenting the main issues at stake and examining how they are contractually regulated, on the basis of concrete clauses, and in light of any mandatory provisions that may apply. Topics may include contracts relating to products as a service, data-related contracts, or certain intermediation contracts for the provision of services that fall outside the mandatory rules of the Belgian Code of Economic Law.
Module 6: Freedom to Conduct a Business Through the Lens of Article 16 of the Charter of Fundamental Rights of the European Union. Freedom to conduct a business enjoys particular protection in European Union law, having been elevated to the highest level in the hierarchy of norms. However, the scope of this provision is specific and remains poorly understood by lawyers, who therefore do not fully exploit its potential, particularly before domestic courts. Through the recent case law of the Court of Justice of the European Union, this module will examine the precise scope of the protection afforded by the Charter to freedom to conduct a business, the interpretation of its content as clarified by the Court, and the subtle balancing exercises required when it is limited by other rights and freedoms - such as property, intellectual property, and freedom to receive and impart information - or by objectives of general interest, such as employment protection, health protection, and the maintenance of international peace and security.
Teaching methods
The course is taught in French.
In addition to the theoretical framework of the subjects analyzed, this course unit will adopt a practical approach, based in particular on concrete cases and recent jurisprudence decisions, to highlight the recurring lines of force of the normative framework thus constituted and its limits. Students are strongly encouraged to participate actively in the course.
The course is delivered in person and in hybrid mode (live) but it will not be recorded.
In addition to the theoretical framework of the subjects analyzed, this course unit will adopt a practical approach, based in particular on concrete cases and recent jurisprudence decisions, to highlight the recurring lines of force of the normative framework thus constituted and its limits. Students are strongly encouraged to participate actively in the course.
The course is delivered in person and in hybrid mode (live) but it will not be recorded.
Evaluation methods
1° Subject matter subject to the evaluation
Unless otherwise specified by the teachers, the evaluation of the teaching unit (UE) focuses exclusively on the subject taught during the lecture as well as the documents analysed during it.
The evaluation always covers, of course, the teaching provided during the academic year in which it takes place.
2° Type of evaluation
In the first and second sessions, the examination takes the form of an oral evaluation.
The exam is graded out of 20.
Each teacher asks about the subjects he or she has specifically taught.
The examination may consist of knowledge-based questions, reflective questions, and/or the application of theoretical principles to concrete situations (e.g. a "mini" casus or a commentary on a decision that has or has not already been commented on in class).
3° Language of the evaluation
The evaluation takes place in French.
4° Evaluation criteria
In line with the learning outcomes identified above, the criteria used in the assessment are as follows:
Unless otherwise specified by the teachers, the evaluation of the teaching unit (UE) focuses exclusively on the subject taught during the lecture as well as the documents analysed during it.
The evaluation always covers, of course, the teaching provided during the academic year in which it takes place.
2° Type of evaluation
In the first and second sessions, the examination takes the form of an oral evaluation.
The exam is graded out of 20.
Each teacher asks about the subjects he or she has specifically taught.
The examination may consist of knowledge-based questions, reflective questions, and/or the application of theoretical principles to concrete situations (e.g. a "mini" casus or a commentary on a decision that has or has not already been commented on in class).
3° Language of the evaluation
The evaluation takes place in French.
4° Evaluation criteria
In line with the learning outcomes identified above, the criteria used in the assessment are as follows:
- the ability to answer the question that is actually asked;
- the ability to reproduce the content of teaching in a synthetic, precise but complete way, by demonstrating its ability to distinguish the essential from the incidental and to "attach" particular questions to the more general frameworks to which they belong;
- the ability to legally qualify given factual situations;
- the ability to identify the relevant legal bases, to read them correctly and to propose their articulation correctly; this skill also assumes that the student demonstrates that he or she is already familiar with the exercise of using his or her codes;
- the ability to compare related concepts and mechanisms, including the ability to make connections between them in a relevant way;
- the ability to take a critical approach;
- the ability to reason and argue;
- the ability to express oneself in orally.
5° Authorised documents and annotations
For the duration of the exam, students may only have
Anything not expressly permitted is prohibited.
A check of the documents may be carried out at the beginning or during the examination.
Students also undertake not to take connected objects (mobile phones, watches, etc.) with them or nearby. These are placed in personal belongings.
Any non-compliance with the instructions will be brought to the attention of the president of the jury, without taking into consideration the intention or the good/bad faith of the student.
It is up to each student to personally ensure that these instructions are respected.
For the duration of the exam, students may only have
- their code(s) on the condition that they do not include summaries of case law;
- specific laws related to the subject taught, if and only if they are not included in the code(s) carried and are printed in full from an official website, such as the Belgian Official Gazette especially (e.g. no copy/paste made by the student).
- case law decisions seen in court on the condition that they are published in their full version (no extracts or summaries of case law).
Anything not expressly permitted is prohibited.
A check of the documents may be carried out at the beginning or during the examination.
Students also undertake not to take connected objects (mobile phones, watches, etc.) with them or nearby. These are placed in personal belongings.
Any non-compliance with the instructions will be brought to the attention of the president of the jury, without taking into consideration the intention or the good/bad faith of the student.
It is up to each student to personally ensure that these instructions are respected.
Teaching materials
- Des slides seront mis à disposition pour certaines parties du cours/Slides will be made available for certain parts of the course.
Faculty or entity
