Doping as a Criminal Offence Under Belgian Law

In Belgium, doping is not generally considered a criminal offence. However, certain actions related to doping, such as trafficking and the distribution of prohibited substances, could lead to criminal prosecution under general drug laws. The use of doping substances by athletes is primarily regulated through the sport regulatory framework and disciplinary measures rather than criminal law.

Prohibited Substances

While personal use of doping substances is not criminalised, the distribution or trafficking of specific substances on the World Anti-Doping Agency (WADA) Prohibited List may be subject to legal action. For example, anabolic steroids and erythropoietin (EPO) are not only banned in sports, but also classified as controlled substances under Belgian drug laws. Those involved in the illegal sale of these prohibited substances risk prosecution under national drug legislation.

National Anti-Doping Organisation in Belgium

In Belgium, doping is a competence of the communities, and so there are currently four anti-doping organisations or NADOs responsible for anti-doping policy. These NADOs each implement the WADA Code and conduct testing, investigations, and educational initiatives to prevent doping. Their primary objective is to ensure compliance with international anti-doping standards and to protect fair competition in sports.

Implementation of the WADA Code in Belgium

Belgium is a signatory to the UNESCO International Convention against Doping in Sport, meaning the country integrates the WADA Code into its national legal framework. The Flemish and Francophone communities have enacted specific anti-doping decrees that align with WADA standards, allowing for rigorous testing and sanctions against doping violations.

Recent Noteworthy Anti-Doping Cases in Belgium

In August 2023, the UCI Anti-Doping Tribunal found the Belgian cyclist, Toon Aerts, guilty of an anti-doping rule violation (with the presence of letrozole metabolite in a sample collected out-of-competition on 19 January 2022) and imposed a two-year period of ineligibility, starting from 16 February 2022. After a thorough examination of the case, including several expert reports submitted by the Belgian rider, the Tribunal considered that Toon Aerts had failed to establish how the prohibited substance entered his body and imposed the standard sanction under the UCI Anti-Doping Rules and the WADA Code for the presence of letrozole.

In 2023, 1.9% of the 1,973 samples taken from controlled athletes in the Flemish Region involved effective doping. Among doping practices in competitive sports, six of the 15 offences retained in 2023 were related to recreational drugs (cannabis and cocaine). Among doping practices in fitness centres, the breaches were exclusively related to anabolic steroids.

Legislation Addressing Athlete Misconduct and Match-Fixing in Belgium

Belgium has established a legal framework to combat athlete misconduct, fraud and match-fixing, primarily through the Belgian Penal Code and specific sports legislation. The Law of 10 May 2010 on the Fight against Fraud in Sports, criminalises match-fixing and related offences such as bribery and corruption in sports. Additionally, the Belgian Gaming Act regulates sports betting to prevent gambling-related fraud and conflicts of interest.

Measures Taken by Belgian Sports Governing Bodies

Belgian sports federations implement various measures to uphold sports integrity and prevent misconduct. The Royal Belgian Football Association (RBFA), for example, enforces strict ethical guidelines, conducts integrity training for players and officials, and works closely with law enforcement to detect suspicious activities.

NADO Flanders also contributes by monitoring sports ethics, promoting awareness campaigns, and enforcing sanctions against violations. Additionally, integrity officers are appointed within sports organisations to ensure compliance with regulations and report any suspicious behaviour.

The Belgian National Platform against Match-Fixing, established under the EU Council Recommendation on match-fixing, facilitates co-ordination between authorities, sports bodies and betting regulators to detect and combat match-fixing more effectively.

Recent Noteworthy Misconduct and Match-Fixing Cases in Belgium

One of the most significant cases in Belgian sports history is “Operation Clean Hands”, an investigation launched in 2018 targeting match-fixing and financial fraud in Belgian football. The case involved top-tier clubs, referees and agents accused of manipulating matches for betting gains and of receiving illegal commissions. This scandal led to multiple arrests, suspensions and ongoing legal proceedings.

Is Betting Illegal in Belgium?

Betting is legal in Belgium but is strictly regulated. The Belgian Gaming Commission (BGC) oversees all betting activities to ensure compliance with national laws and prevent fraud, match-fixing and other integrity issues. Only licensed operators can legally offer betting services, and individuals must meet age and eligibility requirements to participate.

Legislation Governing Betting

The primary legislation regulating betting in Belgium is the Gambling Act of 7 May 1999, which establishes rules for licensing, advertising and consumer protection. This law has been amended multiple times to address emerging issues, such as online betting and stricter measures to prevent problem gambling. The Royal Decree of 21 June 2011 further regulates online gambling, requiring operators to hold a Belgian licence to offer services legally.

Betting-Related Offences Established by Sports Governing Bodies

Several sports governing bodies in Belgium enforce strict betting-related rules for athletes, coaches, referees and other officials. For example, the Royal Belgian Football Association (RBFA) prohibits players and officials from betting on football matches, especially those in competitions they are involved in. Violations can lead to fines, suspensions or bans. Other federations, such as the Belgian Cycling Federation, have similar prohibitions in place to safeguard sports integrity.

Information Sharing to Protect Sports Integrity

To combat match-fixing and other betting-related threats, sports governing bodies in Belgium collaborate with betting operators, law enforcement agencies and international organisations. The Belgian National Platform against Match-Fixing facilitates co-operation between stakeholders to detect suspicious betting patterns and take preventive action. Betting operators are also required to report irregular betting activities to the Belgian Gaming Commission and relevant sports federations.

Recent Noteworthy Betting Cases in Belgian Sport

A significant case occurred in 2019 when several Belgian football players were investigated for violating betting rules, leading to disciplinary sanctions. Additionally, “Operation Clean Hands” uncovered widespread corruption in Belgian football, with some cases linked to illicit betting activities. In another instance, in 2022, a lower-division footballer was fined and suspended for betting on matches involving his own team, highlighting the ongoing challenges in maintaining sports integrity.

Steps Taken by Sports Governing Bodies in Disciplinary Proceedings

Sports governing bodies in Belgium follow a structured process when handling disciplinary proceedings against athletes for doping, integrity and betting offences. These steps typically include the following.

Investigation and detection

The relevant governing body (eg, the Royal Belgian Football Association, the Belgian Cycling Federation or NADO Flanders) conducts an initial investigation upon receiving reports of potential violations. Evidence is gathered from multiple sources, including testing agencies, betting operators and whistle-blower reports.

Provisional suspension

If there is sufficient preliminary evidence, then the athlete may be provisionally suspended from competition pending the final decision.

Formal notification and hearing

The athlete is formally notified of the charges and provided with the opportunity to respond. A disciplinary panel or tribunal is convened to review the evidence and hear arguments from both sides.

Adjudication and sanctions

Based on the findings, the panel may impose sanctions such as suspensions, fines, disqualification of results or bans. For doping violations, the sanctions are typically aligned with the WADA Code.

Appeals process

Athletes have the right to appeal the decision to a higher authority, such as the Belgian Court of Arbitration for Sport (BAS/CBAS) or the Flemish Sports Tribunal.

Examples of Notable Cases

Doping cases

Most of the notable Belgian anti-doping cases were decided on an international level by the international federation of the Court of Arbitration for Sport, such as the recent case of Belgian cyclist Toon Aerts who was sanctioned with a two-year ban by the UCI.

Betting violations

In 2022, several lower-division players faced suspensions and fines for betting on matches that they were involved in, which demonstrates the strict enforcement of integrity rules.

Match-fixing

In 2023, several Belgian tennis players, including Arthur de Greef, were criminally convicted for acts of match-fixing. In addition, they were also suspended for two to four years by the International Tennis Integrity Agency.

Notable Sports-Related Commercial Rights in Belgium

Beyond sponsorship and broadcasting rights, several other key commercial rights play a crucial role in the Belgian sports industry. These include the following.

Merchandising rights

Sports teams, leagues and athletes monetise their brand by licensing their logos, names and images for use on products such as apparel, footwear and accessories. Merchandising agreements typically grant exclusive rights to manufacturers and retailers to produce and distribute official products.

Hospitality rights

Major sporting events in Belgium, such as football matches, cycling races and tennis tournaments, offer premium hospitality packages. These packages include VIP seating, catering and exclusive access to lounges, providing a significant revenue stream for event organisers and clubs.

Ticketing rights

Sports organisations control ticket sales for events, with pricing strategies aimed at maximising attendance and revenue. Partnerships with ticketing agencies allow for secure online and offline distribution.

Secondary Ticket Sales and Measures Against Illegal Ticketing

The resale of tickets, also known as secondary ticket sales, is a regulated practice in Belgium. The Belgian government has implemented several measures to combat illegal ticket sales, including the following.

Legislation and regulation

The Law of 30 July 2013 on the sale of event tickets prohibits the resale of tickets at a price higher than the original face value. Exceptions exist for officially authorised resale platforms that comply with consumer protection regulations.

Enforcement and monitoring

The Belgian Economic Inspectorate actively monitors online marketplaces and social media platforms to detect and take action against illegal ticket touting/scalping. Organisers of major sporting events collaborate with law enforcement agencies to prevent counterfeit ticket sales and unauthorised reselling.

Consumer awareness campaigns

Awareness initiatives educate fans about the risks of purchasing tickets from unauthorised sellers, such as fraud, inflated prices or invalid tickets. Official event websites provide guidance on secure purchasing options and the dangers of secondary markets.

How Sponsors Use Sport to Enhance Their Brand

In Belgium, sponsors leverage sports partnerships to boost brand visibility, engage with target audiences and enhance their reputation. Some key methods include the following.

Brand exposure

Sponsors gain visibility through logo placement on team jerseys, stadium signage and digital advertisements during broadcasts. Naming rights to stadiums and competitions provide long-term brand association with popular teams and events.

Access to data and fan engagement

Some sponsorship agreements allow brands to access audience data from sports rights-holders to tailor marketing strategies. Sponsors utilise exclusive content, such as behind-the-scenes footage and player interviews, to engage fans via social media and digital campaigns.

Corporate hospitality and events

Sponsors often receive premium hospitality packages, including VIP tickets and exclusive networking opportunities at sporting events. These experiences help companies strengthen relationships with clients and stakeholders.

How Sports Rights-Holders Attract Sponsor Investment

Sports rights-holders in Belgium actively seek sponsor investment through strategic marketing and partnership offerings. Key tactics include the following.

Offering exclusive sponsorship packages

Clubs, leagues and events present tiered sponsorship options (eg, title sponsor, official partner, supplier) with varying levels of exposure and benefits.

Demonstrating audience reach and market impact

Rights-holders provide data on audience demographics, TV ratings and social media engagement to attract brands seeking targeted marketing opportunities.

Creating innovative sponsorship activations

Collaborations include experiential marketing initiatives such as branded fan zones, interactive campaigns and digital content sponsorships.

Key Terms of a Standard Sponsorship Agreement in Belgium

A typical sponsorship contract between a sponsor and a sports rights-holder in Belgium includes the following key terms: (i) Sponsorship Rights and Obligations (defines the scope of the sponsorship, including branding rights, advertising placement and promotional activities, (ii) Financial Commitments (outlines the sponsor’s financial contributions, including fixed payments, performance-based bonuses and in-kind support such as an equipment provision, (iii) Exclusivity Clauses (specifies whether the sponsor has category exclusivity – eg, the sole beer brand associated with a club or event, (iv) Duration and Renewal Options (states the contract term, renewal conditions and exit clauses for both parties, (v) Intellectual Property and Data Use (governs the use of trade marks, logos and access to audience data for marketing purposes, (vi) Termination and Dispute Resolution (includes provisions for contract termination due to breach of agreement or reputational damage, along with mechanisms for resolving disputes).

How Broadcasters Exploit Broadcasting Rights for Profit

In Belgium, broadcasters capitalise on sports broadcasting rights through various revenue-generating strategies, including the following.

Advertising revenue

Broadcasters sell commercial slots during live matches and sports programmes, with premium rates for high-profile events. Sponsorship deals with brands allow for product placements and integrated marketing campaigns.

Subscription services

Pay-TV providers offer exclusive sports packages, attracting subscribers who want access to premium content. Streaming platforms generate revenue through monthly or annual subscriptions, sometimes bundling sports content with other entertainment services.

Pay-per-view (PPV) and on-demand content

Some events, especially high-profile matches, are offered on a PPV basis. On-demand content, such as match highlights and interviews, provides additional monetisation opportunities.

How Sports Rights-Holders Package Broadcasting Rights

Sports rights-holders in Belgium strategically package their broadcasting rights to maximise value and attract investment from broadcasters. Common approaches include the following.

Exclusive v non-exclusive rights

High-value sports competitions, such as the Jupiler Pro League in football, are often sold on an exclusive basis to maximise broadcaster investment. Lower-tier leagues or niche sports may opt for non-exclusive deals to increase exposure and accessibility.

Bundled rights packages

Rights-holders may package live matches, highlights and digital content to offer comprehensive broadcasting deals. Different platforms (TV, streaming, radio) are often included in bundled agreements.

Long-term contracts

Multi-season agreements provide financial stability for both rights-holders and broadcasters. Rights are typically auctioned through competitive sales processes.

Notable Belgian Examples

Pro League broadcasting deal

In December 2024, the Pro League decided to award the media rights for the period 2025–2030 to DAZN. The current rights-holder is thus also the new rights-holder for the next five seasons regarding Belgian professional football’s domestic media rights. It concerns the live rights for the Jupiler Pro League, the Challenger Pro League, the Lotto Super League, the Croky Cup and the Supercup, the highlights Magazine, the so-called “delayed clips” and the Monday evening magazine. The public broadcasters, VRT and RTBF, obtained the radio rights and will provide live radio coverage for the next five years. With the granting of these media rights, the Pro League has secured at least EUR84 million in revenue per season from DAZN, VRT and RTBF for the next five years. On top of that, the Pro League is entitled to a share of DAZN’s additional revenue. However, this is a significant drop, as the previous five-year deal was worth EUR103 million.

UEFA Champions League rights

Belgian broadcasters, such as RTL and VTM, secured exclusive and non-exclusive rights to air European club competitions, attracting large audiences.

Licensing, Venue Access and Intellectual Property Rights

Broadcasters negotiate agreements with venue owners and event organisers for access to stadiums and arenas. These agreements include logistical arrangements for camera placements, commentary booths and technical support. Sports broadcasts are protected by copyright law in Belgium, granting exclusive rights to licensed broadcasters. Unauthorised streaming and piracy are actively monitored and prosecuted by rights-holders and regulatory bodies.

Proprietary Rights in Sports Events

In Belgium, sports event organisers do not have an automatic proprietary right over the event itself. However, they can control aspects of the event through contractual agreements, intellectual property rights, and venue regulations. Organisers typically claim rights over the following.

Broadcasting and media rights

Event organisers license broadcasting rights to TV channels and streaming platforms, ensuring exclusive coverage. Unauthorised recording and distribution of event footage can be legally challenged under copyright law.

Sponsorship and commercial rights

Organisers enter into agreements with sponsors, granting them exclusive commercial privileges related to the event.

Merchandising and ticketing

Official merchandise and ticketing rights help prevent unauthorised sales and counterfeiting.

Control of Rights at Sports Events

Sports event organisers in Belgium regulate access and control rights through several mechanisms.

Venue access regulations

Organisers impose ticketing terms and conditions to regulate entry and restrict unauthorised commercial activities within the venue.

Filming and photography restrictions

Accredited media organisations are given exclusive rights to obtain footage, while unauthorised recordings can be restricted and legally challenged.

Security and stewarding measures

Security personnel enforce event policies, ensuring compliance with access and commercial restrictions.

Applicable Belgian Legislation

Several legal frameworks apply to sports events in Belgium.

Consumer protection laws

Ticket sales and event services must comply with Belgian consumer protection laws, ensuring fair pricing, refund policies and non-discriminatory practices.

Data protection (GDPR)

Event organisers collecting personal data from attendees must adhere to the General Data Protection Regulation (GDPR).

Competition law

Agreements regarding broadcasting and sponsorship deals must comply with EU and Belgian competition regulations to prevent monopolistic practices.

Organisation and Management of Sports Events in Belgium

Sports events in Belgium are typically organised by national federations, private entities or local authorities. Key organisational aspects include the following.

Event planning and permits

Organisers secure permits from local authorities for venue usage, security and public safety compliance.

Collaboration with stakeholders

Co-ordination with government bodies, sports federations, broadcasters and sponsors is essential.

Logistics and infrastructure

Setting up venues, transportation, accommodation and medical facilities are crucial elements of event management.

Governance of Participation in Sports Events

Participation in sports events in Belgium is governed by the following.

National and international federation rules

Each sport has specific regulations set by its national governing body, often aligned with international standards.

Anti-doping regulations

Participants must comply with anti-doping rules established by the World Anti-Doping Agency (WADA) and enforced by the Belgian NADOs.

Eligibility and licensing requirements

Athletes must meet eligibility criteria, which may include licensing by relevant sports federations.

Duty of Care Owed by Sports Event Organisers

In Belgium, sports event organisers owe a duty of care to participants, spectators and staff. This duty is established through several legal frameworks.

General Civil Liability (Articles 1382–1386 of the old Belgian Civil Code – Articles 6.1–6.55 new Belgian Civil Code)

Organisers must take reasonable measures to prevent harm. Negligence resulting in injury or damage can lead to liability claims.

Consumer protection laws

Organisers must ensure that ticket holders receive the expected service, including safety measures and proper event management.

Occupational Safety Regulations (Well-being at Work Act, 1996)

These regulations protect employees and volunteers working at sports events, requiring compliance with safety standards.

Event-specific regulations

Football matches must comply with the Football Law of 21 December 1998, which governs stadium security and crowd control.

Limiting Liability in Belgium

Event organisers can take several steps to limit their liability.

Waivers and disclaimers

Liability waivers in ticketing terms can reduce responsibility for minor risks but cannot exclude all liability.

Insurance policies

Organisers (must) often obtain liability insurance covering accidents, property damage and unforeseen incidents.

Compliance with safety standards

Adhering to regulations and best practices in event management minimises exposure to liability claims.

Liability That Cannot Be Excluded

Under Belgian law, certain types of liability cannot be excluded.

• Gross negligence or intentional misconduct – organisers cannot waive liability for severe negligence or deliberate actions that cause harm.
• Personal injury and death – excluding liability for injuries or fatalities caused by organiser negligence is not legally enforceable.
• Consumer rights violations – consumer protection laws prevent unfair contractual terms that overly limit an attendee’s rights.

Athlete Liability to Spectators

Athletes can be held liable for harm caused to spectators in the following ways.

• Negligent or reckless conduct – if an athlete’s actions go beyond normal sporting risks (eg, throwing objects into the crowd), then they may face civil liability.
• Assault or intentional harm – deliberate violent actions that result in spectator injury can lead to criminal charges and civil claims.

Ensuring Safety at Sporting Events

Belgian authorities implement multiple measures to maintain safety and prevent disorder at sports events.

• The Football Law (1998) – requires security measures at stadiums, including CCTV surveillance, crowd control strategies and banning orders for violent fans.
• Police and stewarding – local law enforcement and private security teams ensure public order and safety within venues.
• Alcohol and pyrotechnic restrictions – strict regulations prohibit excessive alcohol sales and the use of fireworks inside stadiums.
• Fan identification and ticketing control – clubs use personalised ticketing and bans on troublemakers to prevent hooliganism.

Common Legal Forms of Sporting Bodies

In Belgium, sporting bodies, including professional and non-professional sports clubs as well as sports governing bodies, typically adopt the following legal structures.

Non-profit associations (VZW/ASBL – Vereniging Zonder Winstoogmerk/Association Sans But Lucratif)

Most amateur clubs and federations operate as non-profit associations. They focus on sports development rather than generating profits and are governed by the Belgian Companies and Associations Code.

Public interest foundations (Stichting van Openbaar Nut/Fondation d’Utilité Publique)

These are used by some major sports federations and organisations promoting broader social objectives, and are required to demonstrate a clear public interest mission.

Professional sports companies (NV/SA or BV/SRL - Naamloze Vennootschap/Société Anonyme or Besloten Vennootschap/Société à Responsabilité Limitée)

This form is commonly used by professional football clubs and commercialised sports entities. It allows for shareholder investment and profit distribution and is subject to corporate taxation and financial regulations.

Reasons for Choosing a Specific Corporate Structure

Belgian sports organisations select their legal form based on several strategic and financial considerations.

Reinvestment of profits

Non-profit associations (VZW/ASBL) allow clubs to reinvest revenue into sports development, training facilities and youth programmes without distributing profits to members. Professional clubs (NV/SA or BV/SRL) can generate revenue from sponsorships, broadcasting rights and transfers while reinvesting in competitive performance.

Taxation and financial management

Non-profits benefit from tax advantages, including exemptions from corporate tax under certain conditions. Professional entities are subject to standard corporate tax but gain flexibility in financial structuring and investor participation.

Regulatory and governance requirements

National sports federations often require clubs to be structured as a VZW/ASBL to align with governance and ethical standards. Professional clubs in high-revenue sports, such as football, favour NV/SA or BV/SRL models for better financial oversight and capital raising options.

Access to funding and sponsorships

Commercial sports companies attract investors, sponsors and media deals, enabling financial growth. Non-profits rely on membership fees, subsidies and limited sponsorship opportunities.

Sport-Specific Corporate Governance Codes in Belgium

Belgium does not have a single unified sports governance code, but multiple frameworks regulate corporate governance within sports organisations. The key regulations include the following.

The Belgian Code on Corporate Governance

While it applies primarily to publicly listed companies, it serves as a guideline for professional sports clubs structured as a(n) NV/SA or BV/SRL.

Sports Federation Governance Standards

The Belgian Olympic and Interfederal Committee (BOIC/COIB) sets governance principles for national sports federations. Flemish and French-speaking sports authorities enforce governance standards for clubs and federations under their jurisdiction (eg, the Flemish Code on Sport Governance).

Football governance codes

The Royal Belgian Football Association (RBFA) enforces governance rules, including financial transparency, ethical conduct and licensing requirements.

Consequences of Non-Compliance

Failure to comply with governance requirements can result in the following.

• Loss of recognition or funding – non-compliant federations or clubs risk losing subsidies and official recognition from governing bodies.
• Licensing sanctions – in professional football, non-compliance with financial and governance rules can result in clubs being denied a professional licence.
• Legal and financial penalties – organisations violating financial and ethical standards may face fines, legal action or administrative penalties.

Other Relevant Rules: Owners and Directors’ Tests

Certain sports impose fit-and-proper tests for club owners and directors, particularly in professional football.

• RBFA Licensing Rules – these rules require club owners and directors to meet ethical and legal integrity criteria.
• Financial Sustainability Regulations – clubs must demonstrate financial stability to participate in national and European competitions.

Duties of Officers in Belgian Sports Organisations

Officers and directors of Belgian sports organisations are expected to:

• act in good faith and loyalty – directors owe fiduciary duties to act in the best interests of the organisation and its stakeholders;
• ensure financial integrity – this requires responsibility for maintaining financial transparency and avoiding mismanagement; and
• comply with governance regulations – the statutory and federation-imposed rules must be adhered to.

Penalties for Insolvency in Sports Organisations

If a Belgian sports organisation, particularly a professional club, faces insolvency, then consequences may include:

• points deduction – football clubs facing bankruptcy or financial mismanagement may be penalised with a points deduction;
• relegation or expulsion – clubs failing to meet financial licensing requirements risk relegation or expulsion from competitions; and
• judicial reorganisation – clubs may enter judicial reorganisation to restructure debt while continuing operations under court supervision.

Sources of Sports Funding in Belgium

Sports in Belgium receive funding from multiple sources, including the following.

Government funding

The federal government, regional governments (Flanders, Wallonia and Brussels), and local municipalities allocate budgets to sports development. The Ministry of Sport in each region provides subsidies to sports federations, grassroots initiatives and high-performance programmes.

National Lottery contributions

The Belgian National Lottery is a key contributor, funding both elite and grassroots sports programmes.

Corporate sponsorships and partnerships, media rights and broadcasting revenue, membership fees and ticket sales, merchandising and licensing

Professional sports teams and major events secure sponsorship deals from private companies, including financial services, automotive and technology sectors. Major sports, particularly football, generate income through domestic and international broadcasting rights. Amateur clubs rely on membership fees, while professional teams generate revenue from player transfers, match-day ticket sales and hospitality services. Clubs and federations generate additional income through branded merchandise and licensing agreements.

Distribution of Funding Across Sporting Levels

Elite and high-performance sport

The Belgian Olympic and Interfederal Committee (BOIC/COIB) distributes funding to elite athletes, Olympic programmes and national teams. Federations allocate funds for athlete development, coaching and international competitions.

Grassroots and community sport

Regional governments invest in community sports infrastructure, training programmes and initiatives promoting youth participation. Local sports clubs benefit from municipal grants and lottery contributions.

Professional sports

Revenue from broadcasting rights, sponsorship and ticket sales supports the operational and financial stability of professional clubs. Football clubs receive significant funding through media rights deals and sponsorship agreements.

Disability and inclusive sport

Dedicated funds support initiatives that promote inclusion and accessibility in sports for individuals with disabilities.

In recent years, Belgium’s sports sector has witnessed several noteworthy and innovative developments, particularly in private equity investments, media rights agreements and technological advancements.

Private Equity Investments in Belgian Sports

Private equity firms have increasingly shown interest in Belgian sports entities, and especially in football clubs. Several foreign investors have taken a minority or a majority stake in more than 50% of Belgian professional football clubs (such as Club Brugge, Standard de Liège, Lommel SK, K. Beerschot VA, etc). Some of them have been successful, but several of them have not ended well, even leading to the bankruptcy of several clubs (eg, KV Ostend, KMSK Deinze, etc) in recent years.

Innovative Media Rights Agreements

The Belgian sports broadcasting landscape has seen significant changes.

Belgian Pro League and DAZN agreement

In December 2024, the Belgian Pro League extended its domestic media rights agreement with DAZN. The new deal, valued at EUR84.2 million per season until 2030, represents a reduction from the previous EUR103 million per season contract. This adjustment reflects the evolving dynamics of sports broadcasting rights and market conditions.

Formula 1’s Belgian Grand Prix hosting deal

In a groundbreaking move, Formula 1 introduced its first rotational hosting agreement in December 2024. Under this six-year contract, the Belgian Grand Prix will take place four times, allowing for a more flexible and diverse race calendar.

Technological Advancements and Sports Innovation

Belgium continues to be a hub for sports technology and innovation.

SportsTech Belgium initiatives

Launched in June 2024, SportsTech Belgium’s new innovation season features a series of keynotes, panels and the unveiling of the SportsTech Belgium Innovation Challenge 2024. This initiative aims to foster collaboration and growth within the sports technology sector.

Belgian Pro League’s data innovations

Partnering with companies like Hudl and StasPerform, the Belgian Pro League has invested in advanced data and tracking solutions. Teams across men’s, women’s and youth football will have access to high-quality sports data and enhanced analysis capabilities.

These developments underscore Belgium’s dynamic and evolving sports industry, marked by strategic investments, innovative partnerships and a commitment to technological advancement.

How to Register Trade Marks in Belgium

Local trade marks in Belgium are registered through the Benelux Office for Intellectual Property (BOIP), as Belgium is part of the Benelux region alongside the Netherlands and Luxembourg. The process includes the following steps.

• Conducting a trade mark search – before applying, it is advisable to check the BOIP Trade Marks Register to ensure no similar marks exist.
• Filing an application – applications can be submitted online via the BOIP website. The applicant must provide details such as the mark itself, the goods/services it will cover (classified under the Nice Classification system), and the applicant’s details. A filing fee applies.
• Examination and publication – BOIP examines the application for formalities and publishes it in the Benelux Bulletin. Third parties have two months to file opposition if they believe the trade mark conflicts with their existing rights.
• Registration and protection – if no opposition is filed, or if disputes are resolved, then the trade mark is registered and granted protection for ten years, and is renewable indefinitely.

In addition, EU trade marks, registered via the European Union Intellectual Property Office (EUIPO), grant protection in all EU member states, including the Benelux region.

What Cannot Be Protected in Belgium?

Certain trade marks are ineligible for registration, or if registered, shall be liable to be declared invalid, including the following.

• Generic or descriptive terms (eg, “Best Football Club” for a football team).
• Misleading or deceptive marks (eg, suggesting a false origin or sponsorship).
• Contrary to public order or morality (eg, offensive words or symbols).
• Flags, emblems and official symbols (unless permission is granted by the relevant state or organisation).
• Trade marks identical or confusingly similar to existing registered marks for identical or similar goods or services (leading to potential rejection due to conflicts with prior rights).

Advantages of Trade Mark Registration

• Legal protection – registration means having the exclusive right to use the mark in Belgium, the Netherlands and Luxembourg, and to take legal action against unauthorised use of the mark by a third party, or invoke the invalidity of subsequent registrations of trade marks regarding the same or a similar sign.
• Brand value and commercialisation – this allows sports clubs, leagues and athletes to generate revenue through merchandising and sponsorships.
• Enforcement against infringement – this right enables the owner to take legal action against unauthorised use of the mark.
• International expansion – a Benelux trade mark can serve as a basis for EU-wide or international registration.

Notable Sports Trade Mark Cases in Belgium

Peloton Interactive Inc. v The Women Peloton (TWP)

In 2024, the Brussels Court of Appeal ruled that the name of a Belgian women cycling group, “The Women Peloton”, infringed upon the EU and Benelux “PELOTON” trade marks of Peloton Interactive Inc, a US company specialising in fitness equipment. The court also rejected TWP’s counterclaim for invalidity, stating that the “PELOTON” trade marks are not purely descriptive and have distinctive character.

Royal Belgian Football Association (RBFA) and logo protection

The RBFA has enforced its trade mark rights against third parties attempting to use its official emblem and name without authorisation, particularly in commercial sponsorships and merchandise sales.

Copyright Law in Belgium

Copyright law is governed by Title 5 (“Copyrights and Neighbouring Rights”) of Book XI (“Intellectual Property and Trade Secrets”) of the Belgian Code of Economic Law (“CEL”) (Articles XI.164 et seq. CEL). This national framework transposes various EU copyright directives, including Directive 96/9/EG (the “Database Directive”), Directive 2001/29/EC (the “Infosoc Directive”) and Directive 2019/790/EU (the “DSM Directive”).

For a work to be eligible for copyright protection under Belgian law, it must meet two conditions:

• the work must be original, meaning that it must be the author’s own intellectual creation; and
• the work must be expressed in a tangible form that can be communicated to others.

In the sports sector, copyright protection can apply to works such as video and audio recordings of sports broadcasts, photos captured during sporting events and graphical interfaces in sports games (e-sports). Mere ideas, concepts, genres or styles are, however, not copyright protectable. Sports games as such are also not copyright protectable (CJEU 4 October 2011, C-403/08 & C-429/08, Football Association Premier League Ltd and Others c/ QC Leisure and Others).

The author acquires both economic rights (eg, the right to reproduce, distribute and communicate the work to the public) and moral rights (for example, the right to protect the integrity of the work) in the work. Such rights arise automatically upon the creation of the work, meaning that no registration or other formalities are required. The duration of copyright protection in Belgium lasts for 70 years after the author’s death.

In cases of alleged copyright infringement, the defendant often disputes the copyright’s validity, emphasising that the burden of proof rests with the author (known as “stelplicht” or “charge de la preuve”). In addition, the accused party may try to invoke one of the exemptions listed in Article XI.189 et seq. CEL (such as the parody exemption), which stem from EU law. These exemptions are exhaustively listed. There is no open-ended fair use defence, such as under US law.

Database Rights in Belgium

A database may be protected under Belgian copyright law through the original selection or arrangement of data included in the database (Article XI.186 CEL). However, copyright protection does not extend to the underlying data.

In addition to copyright protection, databases may be granted sui generis protection under Title 7 of the CEL (Articles XI.305-318 CEL), which also implements EU law. To qualify for this sui generis protection, the database must involve a substantial qualitative or quantitative investment in either the obtaining, verification or presentation of the contents. The protection grants makers of databases the exclusive right to prevent the extraction and/or re-utilisation of all or a qualitatively or quantitatively substantial part of the contents of their database.

Sui generis protection of databases applies automatically upon completion of the database, and lasts 15 years from the first day of the year following the date of completion. Through substantial updates, the term of protection may be extended.

Football competition calendars may qualify as a database under the Database Directive. However, they are not protected by copyright if their creation is dictated solely by technical considerations, rules or constraints, which leaves no room for creative freedom. Nor do they benefit from sui generis protection if the substantial investment is directed only at generating the data itself (CJEU 1 March 2012, C-604/10, Football Dataco and Other c/ Yahoo! UK Ltd and Others).

Legal Recognition for Image Rights in Belgium

There is no explicit statutory provision that establishes the right to one’s image. Image rights are instead protected under the umbrella of privacy law, the copyright rules on portrait rights (Article XI.174 CEL –  reproducing or sharing a portrait requires the consent of the depicted individual), general tort law and sometimes even criminal law (eg, Article 231 Criminal Code – public assumption of a false identity).

In essence, image rights entail that the individual must consent before their image can be captured, displayed or reproduced. The individual can assert this right on a photo or video in which they are recognisable and which is taken or used without their consent, or when an authorised image is used for unauthorised purposes (Voorz. Rb. Brussels 22 October 2009). Consent need not be express and may instead be implied (eg, Rb. Brussels 29 October 2001 AM 2002, 184 – implied consent given by two track runners who willingly posed for a professional photoshoot). However, consent remains precarious as the athlete may withdraw it for the future (ex nunc – so prior actions are not affected) for valid reasons (for the general principles, see Antwerp 7 October 2020, No 2019/AR/656; Rb. Brussels 21 November 2006, No 05/2859/A).

Image rights are not absolute. The right to privacy of the individual must be balanced against other rights, such as freedom of expression and the public’s right to information. Consequently, the image of public figures, such as popular athletes, may be used without their consent for informative purposes (eg, a photo of a famous cyclist may be used for an article on the history of cycling – Rb. Brussels 18 November 2010, No 08/10688/A; eg, an author may use the image of the national football team on their book cover – Brussels 12 November 2013, No 2013/KR/234). Informative use is possible, even if the athlete explicitly opposes such use (Rb. Brussels 18 November 2010, No 08/10688/A). Such informative use may not, however, infringe on the athlete’s privacy (for example, a violation for using footage of football players showering naked – Rb. Bruges 27 June 1994). The right to inform the public also does not extend to commercial use (eg, Ghent 21 February 2008, No 2005/AR/1734 – a violation for selling posters, deemed a merchandising product, of a famous tennis player; Brussels, 4 October 1989 – a violation for using the image of a judo athlete to promote a car).

Licensing of IP Rights

The key IP rights relevant to sports entities and athletes include copyrights and database rights (see 5.2 Copyright/Database Rights) as well as trade mark rights (for example, athlete names or logos of sports organisations). These IP rights can be transferred or licensed to third parties for a fee. Depending on the type of IP right, their licensing or assignment must comply with certain formalities.

The economic rights linked to copyrights, database rights, and trade mark rights may be transferred or licensed by rights-holders under the following conditions.

• Copyrights – an assignment or licence of copyrights must be proved in writing. In addition, the agreement must explicitly specify – for each mode of exploitation – the author’s remuneration, scope and duration of the assignment or licence.
• Trade mark rights – a written agreement is required for the assignment of trade mark rights; no such requirement applies to license a trade mark. The assignment or license agreement should be registered to be enforceable vis-à-vis third parties.
• Database rights – there are no specific requirements or restrictions to license or assign database rights.

Under Belgian copyright law, moral rights are inalienable and rights-holders cannot waive them in their entirety. However, rights-holders may grant consent for exploitation in specific cases and transfer the right to exploit or manage them (such as to a management company). The same principles apply to image rights. They are not classic IP rights but can be monetised as such.

Use of Sports Data by Sports Bodies and Stakeholders

In Belgium, sports data – including athlete performance metrics and spectator information – is increasingly leveraged by sports bodies, clubs, broadcasters and sponsors. The primary ways in which this data is used include the following.

Athlete performance analysis

Professional teams and federations collect and analyse player statistics to improve training, tactics and injury prevention. For example, Pro League football clubs use GPS tracking and biometric data to monitor player workload and optimise performance.

Fan engagement and personalisation

Sports organisations utilise spectator data to enhance fan experience through personalised content, targeted promotions and interactive digital services. For example, Belgian cycling events use fan app data to deliver tailored race-day experiences.

The betting and gambling industry

Betting operators rely on real-time sports data to set odds, detect match-fixing and engage users through predictive analytics. For example, partnerships between sports leagues and betting companies allow real-time game data integration.

Broadcasting and media analytics

Broadcasters use viewership data to optimise scheduling, tailor advertisements and develop more engaging sports content. For example, DAZN utilises viewership patterns to adjust live coverage and subscription offerings.

Sponsorship and marketing strategies

Brands use audience insights from spectator data to create targeted sponsorship campaigns, ensuring maximum exposure and engagement. For example, sportswear brands collaborate with Belgian football clubs using fan data to tailor merchandise promotions.

Commercial Opportunities in Sports Data

The growing role of data in Belgian sports creates lucrative business opportunities across multiple sectors.

Data licensing and sales

Sports leagues can commercialise live game statistics by selling data rights to media companies, fantasy sports providers and betting operators. For example, the Belgian Pro League licenses match data to third-party analytics firms.

Smart stadium and digital fan experiences

Advanced data collection in stadiums enables real-time crowd management, enhanced ticketing systems and personalised in-game experiences. For example, Belgian football clubs implement digital ticketing and fan engagement apps powered by real-time data analytics.

Wearable technology and athlete performance tools

Start-ups and sports tech companies develop wearable devices that collect biometric data, providing training insights for professional and amateur athletes. For example, Belgian cycling teams integrate power meter data with AI-driven performance analysis.

Sponsorship and advertising innovation

Companies utilise audience analytics to create more efficient and measurable sponsorships, boosting return on investment (ROI). For example, digital ad boards in stadiums adjust displayed content based on real-time audience demographics.

Relevant Data Protection Laws in Belgium

The following are the relevant data protection laws in Belgium.

• General Data Protection Regulation (GDPR) (EU Regulation 2016/679).
• Belgian Data Protection Act (Law of 30 July 2018).
• Belgian Act on the creation of the Belgian Data Protection Authority (GBA/APD) (Law 3 December 2017) – ie, authority overseeing compliance and imposing fines for violations.

The Royal Belgian Football Association (RBFA) and other federations have adopted internal data protection policies aligned with the GDPR. Guidelines exist for handling athlete biometric data, video surveillance in stadiums and online fan engagement platforms.

Impact of the GDPR on Belgian Sport

Sports clubs, like any other organisation, should comply with the GDPR’s principles. When sports clubs would like to use health data or biometric data, it can be challenging to identify the right legal basis and exemption ground. A data protection impact assessment may also need to be carried out in such cases.

In 2021, the Belgian Data Protection Authority reprimanded a fitness club for unlawfully transferring its members’ data to other members.

Otherwise, the Belgian Data Protection Authority has not yet taken any specific positions on the use of personal data by sports club or athletes.

The Belgian national courts play a subsidiary role in resolving sports disputes. Most sports-related cases are first handled by internal dispute resolution mechanisms established by sports governing bodies. Belgian law recognises the principle of autonomy in sports, meaning that disputes are generally expected to be resolved within the framework of the respective sports federations before parties can seek judicial intervention. However, in cases where fundamental legal rights are at stake (such as in employment disputes, contractual breaches or competition law violations), the national courts may have jurisdiction. The Belgian Court of Arbitration for Sport (CBAS/BAS) is an independent arbitration body frequently used for resolving sports-related disputes. In some cases, decisions made by sports federations or CBAS/BAS may be challenged before the civil courts.

In Belgium, alternative dispute resolution (ADR) mechanisms such as mediation and arbitration are commonly used in sports disputes. The Belgian Court of Arbitration for Sport (CBAS/BAS) is the primary arbitration body dealing with sports-related cases, including disciplinary matters, contractual disputes and eligibility issues. Many sports federations require their members to submit disputes to CBAS/BAS before resorting to national courts. The arbitration process is governed by Book VI of the Belgian Judicial Code, which establishes general principles of arbitration. Additionally, Belgium recognises and enforces arbitration awards under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, ensuring that international arbitration decisions, such as those from the Court of Arbitration for Sport (CAS) in Lausanne, are upheld in Belgium.

Sports governing bodies in Belgium have significant authority to impose sanctions, including suspensions, fines and points deductions, through their internal disciplinary and regulatory frameworks. These sanctions must comply with principles of due process, proportionality and fairness to be legally enforceable. If an athlete, club or stakeholder wishes to challenge a decision made by a sports governing body, then they typically have the following legal remedies.

• Internal appeals mechanisms – most sports federations have internal appeals committees that review decisions before external legal proceedings can be initiated.
• Arbitration before CBAS/BAS – the Belgian Court of Arbitration for Sport is the primary forum for contesting sports-related disciplinary and financial sanctions.
• Judicial review by the Council of State – if a sports body’s decision affects fundamental legal rights or violates public law principles, then the decision can be challenged before the Council of State.
• Civil court actions – in cases involving contractual breaches or damages claims, the parties may seek recourse through the Belgian civil courts.

Notable cases include challenges to financial fair play regulations, disputes over player transfers, and challenges to disciplinary sanctions imposed on clubs and athletes. The Belgian courts have generally been reluctant to intervene in purely sporting matters unless there is evidence of procedural unfairness or violations of fundamental rights.

In Belgium, professional athletes are typically employed under fixed-term contracts governed by Belgian employment law and sector-specific regulations. These contracts must comply with Belgian labour laws regarding wages, benefits and termination rights. Central player contracts are rare in Belgium, as clubs generally negotiate individual agreements with players. Salary caps are not widely used in Belgian sports, except where imposed by international federations. Restraint of trade and competition laws apply to sports employment, ensuring that contractual restrictions do not unfairly limit athletes’ career opportunities. Disputes over employment contracts often arise concerning transfers, terminations and unpaid wages.

Sports governing bodies in Belgium must comply with national labour laws, including regulations on working conditions, social security and collective bargaining agreements. Employment disputes often relate to wrongful dismissals, contract breaches or disputes over image rights. A notable case involved a professional footballer challenging a club’s decision to terminate his contract early, arguing it violated Belgian employment protections. The labour courts upheld the player’s rights, reinforcing the legal protections for athletes.

Belgium, as an EU member state, follows the principles of free movement of workers under EU law. This means that governing bodies cannot impose quotas on EU athletes. However, non-EU athletes may require work permits and visas to compete in Belgian leagues. Certain leagues impose nationality restrictions for competitive balance, but these must comply with EU law, as seen in cases like the Bosman ruling, which prohibited restrictions on EU players moving between clubs.

Women’s sports in Belgium have grown significantly in recent years, particularly in football, cycling and athletics. Increased sponsorship deals, media coverage and investment in professional leagues have contributed to this growth. For example, the Belgian Women’s Super League has attracted increased funding, and the Belgian women’s national football team has seen rising attendance and viewership figures. Organisations such as FIFA’s Women’s Football Strategy and local federations support the development of women’s sports through targeted programmes and initiatives.

Esports has become a rapidly growing industry in Belgium, with dedicated leagues, tournaments and teams emerging across various gaming titles. The Belgian Esports Federation (BESF) governs the sector, promoting regulation, integrity and professionalisation. Recent trends include increased investment from traditional sports organisations into esports teams, and partnerships between esports entities and Belgian football clubs. Notable deals include sponsorship agreements between esports teams and major Belgian brands.

NFTs are increasingly used by Belgian sports organisations for digital collectibles, fan engagement and ticketing solutions. Clubs and athletes have launched NFT-based merchandise and exclusive content, though legal uncertainties remain regarding consumer rights and intellectual property protection.

Artificial intelligence is used in Belgian sports for performance analysis, injury prevention and fan engagement. AI-driven scouting systems are widely adopted in football to assess player potential. However, regulatory concerns exist regarding data privacy and algorithmic bias.

Belgian sports organisations are exploring metaverse applications, such as virtual fan experiences and digital stadiums. While still in the early stages, these developments present opportunities for enhanced engagement and revenue generation, though legal and regulatory challenges remain. Belgium’s sports industry continues to evolve with new technologies and legal frameworks shaping the future of competition, governance and commercial opportunities.