Even Greater Efficiency for Dynamic Injunctions against Online Infringements of Copyright and Related Rights

Since 17 May 2026 and following the adoption of the law of 20 April 2026, holders of copyright, related rights and database rights may now seek provisional measures under the judicial procedure known as “dynamic injunctions” where the alleged infringement has not yet begun but is imminent. In addition, the powers of the Service have been extended to allow for the issuance, against certain intermediary service providers, of injunctions requiring action against illegal content, as well as injunctions to provide information.

Dynamic injunctions procedure: a reminder of the key principles

Introduced by the law of 19 June 2022 and entered into force on 1^st June 2024, the dynamic injunctions procedure is designed to bring a faster and more effective end to online infringements of copyright and related rights, as well as to the unlawful offering of online gambling services.

By way of reminder, in the event of an online infringement of copyright, related rights or database rights, the granting of provisional measures under this procedure is subject to three specific conditions, which differ from those applicable to ordinary summary proceedings. The applicant must demonstrate that:

(i) the right relied upon appears, prima facie, to be valid;

(ii) the alleged online infringement appears to be manifest and significant; and

(iii) a balancing of the interests, rights and freedoms at stake, including the public interest, in light of the facts and evidence relied upon by the applicant, reasonably justifies the provisional measures sought.

Possibility to act in case of imminent infringement

Until recently, this procedure could only be initiated where an infringement had already occurred.

The law of 20 April 2026 introduces a major development in this respect. A new paragraph 1/1 has been inserted into Article XVII.34/1 of the Code of Economic Law, now allowing the President of the Brussels Enterprise Court to grant provisional measures where an online infringement of copyright, related rights or database rights has not yet begun, but is imminent.

This extension therefore establishes the possibility of preventive intervention, enabling right holders to anticipate online infringements before they actually materialise. One may think, for example, of a website announcing the forthcoming release of a film or the upcoming broadcast of a sporting event.

Extension of the Service’s powers

The law of 20 April 2026 has also strengthened the powers of the “Service for combating online infringements of copyright and related rights and the unlawful offering of online gambling services” (the Service).

Under the “dynamic injunctions” procedure, the judge granting provisional measures may entrust the Service with specifying or adapting those measures. The Service was established to address the risk that cease-and-desist orders may become obsolete or ineffective as circumstances evolve.

A new paragraph 12 has now been inserted into Article XVII.34/3 of the Code of Economic Law. It provides that, where authorised by the President of the Enterprise Court, agents of the Service may issue, vis-à-vis certain intermediary service providers within the meaning of the Digital Services Act:

– injunctions requiring action against illegal content;

– injunctions to provide information.

Intermediary service providers include, in particular, internet access providers and alternative DNS operators, but not payment service providers.

Practical implications

The legislative amendment entered into force on 17 May 2026. In a context characterised by the rapid dissemination of illegal online content, these new measures may provide particularly effective tools to prevent and bring to an end infringements of copyright, related rights and database rights.