New liability rules since 1 January 2025: what companies need to know

Since 1 January 2025, changes to extra-contractual liability have come into force in Belgium. These changes impact how liability is handled between employers, employees, and clients. But what does this mean for your business, and do you need to take action?
 

What has changed?

The new regulations affect cases where an employer (party A) enters into a contract with a customer (party B), and an employee (party C) performs the necessary work or services. Previously, if the customer suffered damages due to the employee’s actions, they could only claim compensation from the employer. Under the new rules, the customer can now also directly sue the employee in certain cases.
 

Key changes in liability rules

1. Direct employee liability: Customers can now sue employees directly for damages caused by their actions. However, employees remain protected under limited liability principles.
2. Limited liability protection: Employees can only be held liable in cases of serious fault, fraud, or minor repeated faults.
3. Defenses for employees: Employees may rely on contractual clauses within agreements between the employer and customer, as well as their employment contract, to limit their liability.
4. Exceptions: Employees cannot invoke defenses if the damage involves impairment of physical or psychological integrity or if it was intentionally caused.
    

How can employers adapt?

Employers should take proactive steps to protect both their company and their employees:

1. Review and amend contracts: Since the new rules are of supplementary law, employers can include clauses in contracts that prevent their employees from being sued directly by clients.
2. Legal consultation: Consulting a contract law specialist is advisable to ensure your agreements are properly structured.
3. Insurance adjustments: Employers should check whether their corporate liability insurance policy needs to be updated to reflect these changes.
    

How S.W.I.S. Insurance can assist

At S.W.I.S. Insurance, we help businesses navigate regulatory changes by offering tailored liability insurance solutions. Our experts can assess your company’s current coverage and recommend updates to ensure you remain fully protected under the new rules. Whether you need adjustments to your third-party liability policy or additional protection for your employees, we provide personalised advice to mitigate risks effectively.

For more information, contact S.W.I.S. Insurance today and ensure your business is fully prepared for these new liability rules.
 

Sources

• Baker McKenzie – Insight Plus: "Belgium: Book 6 of the Civil Code Entered into Force on 1 January 2025”
• Noma Law: "New Liability Rules as of January 1, 2025: What Will Change for Your Business?"
• Vow Law Firm: "Changes in Extra-Contractual Liability from 1 January 2025"
• Embuild Antwerpen:“Nieuwe regels buitencontractuele aansprakelijkheid vanaf 1 januari 2025: actie nodig?”