Belgium strenghtens its dynamic injunction regime
Belgium’s “dynamic injunction” framework has become a key enforcement tool against large-scale online infringements.
In a nutshell, this fast-track procedure (before the President of the Brussels Enterprise Court) allows rightsholders to obtain blocking measures (primarily against intermediaries such as ISPs, hosting providers, search engines or payment intermediaries) within a very short timeframe. Its “dynamic” nature means that newly identified mirror or copycat sites can be added over time, without initiating new court proceedings. This makes it particularly effective against fast-moving phenomena such as piracy of live sports or illegal gambling. The implementation and monitoring of blocking measures may be supported by the Service for Combating Online Piracy and Illegal Online Gambling within the Belgian FPS Economy.
The Law of 20 April 2026 further strengthens this regime with two important developments:
1. Preventive injunctions for imminent infringements
The Court may now clearly grant injunctive measures before an infringement begins, provided it is imminent. This is a game changer for live events, such as football World Cup matches yet to be played, where ex ante action is often the only way to ensure meaningful protection.
2. Enhanced powers for the Belgian anti-piracy Service
When authorised by the Court, the FPS Economy’s Service can now issue orders directly to intermediary service providers under the EU Digital Services Act, both to act against illegal content and to provide information. This adds an operational layer that complements judicial measures and speeds up enforcement.
Overall, these updates reinforce the speed, flexibility and preventive dimension of Belgium’s new system. It further positions it as a leading model for dynamic online enforcement in Europe.