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Click Wrap Agreement

Click Wrap Agreement Template for Belgium

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Key Requirements PROMPT example:

Click Wrap Agreement

"I need a Click Wrap Agreement under Belgian law for my new mobile gaming app that will launch in March 2025, with specific focus on in-app purchases and user-generated content."

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Document background
Click Wrap Agreements are essential legal documents for businesses operating digital platforms or providing online services in Belgium. This type of agreement is specifically designed for electronic acceptance, where users demonstrate their consent by clicking an acceptance button or checking a box. The document must comply with Belgian law, including the Law on Electronic Commerce of March 11, 2003, and relevant EU regulations such as the eCommerce Directive and GDPR. Click Wrap Agreements are particularly crucial for online businesses as they provide a legally enforceable method of obtaining user consent to terms and conditions, privacy policies, and data processing practices. The agreement should be used whenever a business offers digital services, software, or online platforms to users in Belgium, ensuring transparent and legally compliant terms of service.
Suggested Sections

1. Parties: Identification of the service provider/company with full legal details as required by Belgian law, including company registration number, registered address, and VAT number

2. Background: Context of the agreement and description of the service/product being offered

3. Definitions: Clear definitions of key terms used throughout the agreement

4. Acceptance of Terms: Clear explanation of how users accept the terms and what constitutes acceptance

5. Service Description: Detailed description of services or products covered by the agreement

6. User Obligations: User responsibilities and acceptable use conditions

7. Privacy and Data Processing: GDPR-compliant privacy terms and data processing information

8. Intellectual Property Rights: IP ownership and usage rights

9. Payment Terms: Pricing, payment methods, and billing terms if applicable

10. Term and Termination: Duration of agreement and termination conditions

11. Limitation of Liability: Liability limitations in compliance with Belgian law

12. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction

Optional Sections

1. Age Restrictions: Required if the service has age limitations or is not intended for minors

2. Subscription Terms: Include if the service involves recurring subscriptions

3. User Content: Required if users can upload or create content on the platform

4. Third-Party Services: Include if the service integrates with third-party providers

5. Community Guidelines: Include if the service has a social or community component

6. Warranty Disclaimers: Include for software or digital products

7. Export Controls: Required if the service is available internationally

8. Professional Services: Include if offering additional professional or consulting services

Suggested Schedules

1. Privacy Policy: Detailed GDPR-compliant privacy policy as required by Belgian law

2. Cookie Policy: Detailed policy regarding the use of cookies and similar technologies

3. Acceptable Use Policy: Detailed rules and restrictions for service usage

4. Service Level Agreement: Technical specifications and service level commitments if applicable

5. Pricing Schedule: Detailed pricing information if multiple tiers or complex pricing exists

6. Data Processing Agreement: Required under GDPR if processing personal data on behalf of users

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

E-commerce

Software Development

Digital Services

Online Retail

SaaS (Software as a Service)

Mobile Applications

Online Gaming

Digital Content Distribution

Online Education

Financial Technology

Online Marketplaces

Cloud Services

Digital Media

Telecommunications

Relevant Teams

Legal

Compliance

Product Development

Information Technology

User Experience

Digital Operations

Risk Management

Customer Support

Marketing

Privacy

Software Development

Relevant Roles

Legal Counsel

Privacy Officer

Compliance Manager

Digital Product Manager

E-commerce Manager

Software Development Manager

UX Designer

IT Director

Chief Technology Officer

Chief Legal Officer

Digital Operations Manager

Risk Manager

Customer Experience Manager

Product Owner

Digital Marketing Manager

Industries
EU eCommerce Directive (2000/31/EC): Establishes the basic legal framework for electronic commerce and electronic contracts in the EU, including requirements for information that must be provided to users
Belgian Law on Electronic Commerce (11 March 2003): Implementation of the EU eCommerce Directive into Belgian law, setting out requirements for electronic contracts and click-wrap agreements
EU Consumer Rights Directive (2011/83/EU): Provides rules on information requirements and right of withdrawal for distance contracts, including online agreements
Belgian Code of Economic Law (Book VI): Contains provisions on market practices and consumer protection, including rules on unfair contract terms and transparency requirements
EU GDPR (2016/679): Regulates personal data processing and privacy requirements, crucial for click-wrap agreements that involve collecting user data
Belgian Data Protection Act (30 July 2018): Implementation of GDPR in Belgian law with additional national requirements for data protection
Belgian Civil Code (Articles 1108 and following): Fundamental contract law provisions regarding formation and validity of contracts, including requirements for consent
EU Unfair Contract Terms Directive (93/13/EEC): Protects consumers against unfair terms in standard contracts, including click-wrap agreements
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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