Law On The Simplification Of The Procedure For The Transfer Of The Compensation

Original Language Title: Loi portant simplification de la procédure relative à la cession de la rémunération

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7 MARCH 2016. - Law on simplification of the procedure for the assignment of remuneration

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. In section 28 of the Act of 12 April 1965 concerning the protection of workers' remuneration, the following amendments are made:
1° in 2°, the words "a copy of the notification referred to in 1°" are replaced by the words "a confirmation that the notification referred to in 1° has been sent;"
2° in the 3°, the words "a certified copy conforming to the act of assignment" are replaced by the words "its decision to carry out the assignment. ".
Art. 3. Section 30 of the Act is replaced by the following:
"Art. 30. § 1er. The notifications referred to in articles 28, 1°, and 29 shall be made by registered mail or by exploit of judicial officer whose costs shall be borne by the person who exposed them.
Unless the notifications referred to in Article 28, 2° and 3° are null and void, the notifications are made by registered mail, by exploit of judicial officers or by means of a procedure using an IT technique whose costs are borne by the person who exposed them. Regardless of the method of transmission of notifications, they contain the same information.
§ 2. For an IT technique to be used, prior agreement between the sender and the recipient of notifications is required.
When a public social security institution acts as a assigned debtor and an information technology is used, the exchange of personal data between the sender and the recipient is subject to the prior authorization of the Sectoral Committee on Social Security and Health, which ensures that the origin and integrity of the personal data so exchanged is established with sufficient guarantees for the protection of privacy and security of personal data.
When other public institutions or private sector companies act as debtors assigned, the specific terms of "the procedure using an IT technique" are previously set by the King, after the advice of the Privacy Commission, and the IT technique used must ensure the origin and integrity of the notification by means of adequate security techniques. This technique must also ensure the identification of the physical person responsible for the shipment. It must finally allow the determination of the date and time of the shipment and guarantee the correct end of the shipment by an acknowledgement of receipt.
The "procedure using an IT technique" can only come into force when:
- the necessary authorization of the Sectoral Social Security and Health Committee has been obtained with respect to public social security institutions acting as debtors;
- the above-mentioned Royal Decree came into force, after the opinion of the Privacy Commission, with respect to other public institutions or private sector companies acting as debtors.
§ 3. For the sole purpose of executing the provisions referred to in this Article, the assignor debtor is identified by the National Registry Identification Number or, failing that, by the identification number of the Carrefour Bank of Social Security referred to in Article 8, § 1er, 2°, of the law of January 15, 1990 on the institution and organization of a Carrefour Bank of Social Security. ".
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 7 March 2016.
By the King:
Minister of Employment,
(1) House of Representatives (
Documents: 54-1585
Full record: 1er February 2016