E-commerce
For Belgian and foreign companies
For copyright and neighbouring rights, the law of the Member State where the seller offers and/or sells its products online applies (According to the imperative provisions of European law).
If you provide devices and media subject to the remuneration to a Belgian public through a website, Belgian legislation on copyright and neighbouring rights applies and you are liable to pay a remuneration to Auvibel, according to Article XI.229 of the Code of Economic Law and Article 318/7 of the Code of Economic Law.
This also applies to a company established abroad that sells and/or offers relevant goods to persons established in Belgium. Because, in that case, the company established abroad bears responsibility for the intra-EU purchase/import and is an intra-EU buyer/importer (under the Articles XI.229 and 318/7 of the Code of Economic Law). This was confirmed in several judgments by the Brussels Court of First Instance (30 June 2005, 24 May 2006 and 27 July 2006) and by the European Court of Justice.
We advise you to mention very clearly on your own website that the Auvibel private copying remuneration is applicable and is charged directly to the Belgian end-user.
For sellers on eBay, Kapaza, YEZZ, 2dehands and other auction sites
When you offer goods subject to the renumeration for sale on auction sites, the rules for the private copy fee also apply to you. So be careful and apply the Auvibel fee in full!
For owners of auction sites
Owners of auction sites (both Belgian and non-Belgian) can contact Auvibel. We are fully open to work with them to find appropriate solutions for a correct application of the private copying remuneration. They can receive advice from us in regards to warning notices, terms of sale, etc.
Nothing in the current legislation or jurisprudence suggests that they could evade their responsibility.