What Book 7 covers

Book 7 regulates:

• sale and exchange;
• lease and loan for use;
• service contracts;
• certain aleatory contracts; and
• sequestration and settlement.

Loan agreements are not yet included and will be addressed separately.

Key changes

Book 7 introduces:

• new defects-of-conformity rules for sale, lease and service contracts;
• a general legal framework for service contracts;
• modernised rules across the different contract types; and
• specific notification and limitation periods.

Most provisions are supplementary, meaning that parties retain broad freedom of contract unless a rule is mandatory or a matter of public policy.

Relevance for technology companies

The new service-contract rules may apply to:

• software development;
• implementation and systems integration;
• IT consultancy;
• data migration;
• maintenance and support;
• managed services; and
• AI and cybersecurity services.

Pure software licences, SaaS and cloud contracts may remain unnamed contracts, but Book 7 may apply to their service components.

Technology companies should pay particular attention to specifications, acceptance procedures, service levels, customer responsibilities, remedies and liability provisions.

Entry into force

Book 7 enters into force on the first day of the twelfth month following the month of publication in the Belgian Official Gazette.

It will, in principle, apply only to contracts concluded after its entry into force.

What businesses should do now

1. Review sale, lease and service-contract templates.
2. Update technology agreements where specifications, conformity or acceptance procedures are unclear.
3. Identify which rules can be contractually modified and which are mandatory.
4. Review hybrid agreements combining hardware, software, licensing and services.

FAQ

Why is Book 7 relevant for technology companies?

Because it may apply to hardware sales and to a broad range of IT and technology services, including development, implementation, support, and managed services.

Does Book 7 apply to SaaS and software licences?

Not necessarily as a whole, but it may apply to the service components of such agreements.

When does Book 7 enter into force?

On the first day of the twelfth month following the month of publication in the Belgian Official Gazette.

Does it apply to existing contracts?

In principle, no. It applies to contracts concluded after its entry into force.