The Flemish government has again approved new rules that alter criminal liability in the event of illegal employment in Flanders[1]. These amendments impact both contractors and professional principals in fraud-prone sectors.
What is changing as regards chain liability?
On the one hand, the scope of application is limited, as from now on due diligence will only be required in fraud-prone sectors. The Flemish government will determine which sectors are concerned after advice from SERV (the Social and Economic Council of Flanders).
On the other hand, the decree also provides for an extension of the scope of application. The due diligence requirement, which until now was only imposed on (intermediate) contractors with regard to their direct subcontractors, is being extended to professional principals. This obligation therefore does not apply to individuals who have work carried out for private purposes, unless they know that their direct contractor employs one or more third-country nationals who are in Belgium illegally.
Digital reporting requirement and application
The original plan was for an online application to be available by 1 January 2026 in which certain documents could be obtained and consulted. However, this is proving less straightforward than thought. It therefore remains to be seen if and when such an application will actually be provided. For the time being, principals and contractors are referred to a digital notification desk where they can declare that they have complied with their obligations in this area.
Entry into force
The amended rules will enter into force on a date yet to be set by the Flemish government, but no later than 1 January 2026.
Find out more
For further information, please see our previous publication. “More stringent regulations on chain liability in the event of illegal employment in Flanders from 2026”
FAQ
What is chain liability?
Chain liability means that principals and contractors can be held responsible for illegal employment within their chain of cooperation.
Who is covered by the new due diligence requirement?
Professional principals and contractors in fraud-prone sectors, as determined by the Flemish Government.
When will the new rules come into force?
No later than 1 January 2026. The actual date has yet to be officially set.
Is a digital application available?
Not at the moment. Principals and contractors are referred to a digital notification desk to declare compliance with the obligation to carry out the required checks.
[1] Decree of 27 June 2025, Belgian Official Gazette 16 July 2025.
