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A Litigation Hold Notice tells people and organizations to keep specific documents and data safe when there's a chance of legal action. Under Belgian civil procedure rules, these notices help prevent the destruction or alteration of information that might be needed as evidence in court.

When companies receive this notice, they must immediately stop their normal document deletion practices and secure all relevant files - from emails and contracts to social media posts. Belgian law places special emphasis on preserving electronic records, and failing to comply with a litigation hold can result in serious penalties, including adverse court decisions and potential fines.

Issue a Litigation Hold Notice immediately when your organization faces potential legal action or receives notice of an upcoming investigation. In Belgium, common triggers include employee disputes, contract disagreements, regulatory inquiries, or data privacy complaints under GDPR.

Time matters - send the notice as soon as you learn about possible litigation. This applies when receiving formal legal documents, but also earlier warning signs like serious customer complaints or workplace incidents. Belgian courts expect companies to preserve evidence from the moment they reasonably anticipate legal proceedings, not just after formal court papers arrive.

• Standard Notice: The basic form covering all potentially relevant documents and data, typically used for general commercial disputes in Belgian courts
• Department-Specific Notice: Tailored versions targeting specific business units or data types, common in large organizations
• GDPR-Compliant Notice: Enhanced version with special provisions for personal data preservation under EU privacy laws
• Temporary Notice: Short-term holds for preliminary investigations or regulatory inquiries
• Comprehensive Enterprise Notice: Broader version covering multiple entities, systems, and international operations

• Legal Departments: Issue and manage Litigation Hold Notices, coordinate with IT teams, and ensure compliance across the organization
• IT Teams: Implement technical measures to preserve electronic data and prevent automatic deletions
• Department Managers: Help identify relevant information holders and ensure their teams comply with hold requirements
• Employees: Must preserve specified documents and data once notified of the hold
• External Counsel: Advise on scope and timing of holds, often draft notices for Belgian court proceedings
• Records Management Staff: Suspend routine document destruction and maintain hold documentation

• Identify Scope: Map out affected departments, systems, and data types that need preservation
• Define Timeframe: Determine the relevant date range for document preservation
• List Recipients: Create a complete list of employees and departments who need the notice
• Document Types: Specify all formats to preserve - emails, physical documents, chat logs, etc.
• Technical Details: Gather information about storage systems and automatic deletion policies
• Distribution Plan: Prepare communication strategy and tracking mechanism for acknowledgments
• Review Process: Our platform helps generate legally compliant notices tailored to Belgian requirements

• Clear Purpose Statement: Explicit declaration of legal obligation to preserve documents
• Scope Definition: Detailed description of documents and data types to be preserved
• Preservation Period: Specific timeframe for which materials must be kept
• GDPR Compliance: Special provisions for handling personal data under EU regulations
• Recipient Duties: Clear explanation of preservation responsibilities and actions required
• Acknowledgment Section: Space for recipients to confirm understanding and compliance
• Contact Information: Designated person for questions about the hold requirements
• Consequences Statement: Clear outline of penalties for non-compliance

A Litigation Hold Notice differs significantly from a Notice to Remedy Breach in both purpose and timing. While both documents deal with potential legal issues, they serve distinct functions in Belgian business law.

• Timing and Purpose: A Litigation Hold Notice is preventive, issued at the first sign of potential litigation to preserve evidence. A Notice to Remedy Breach responds to an existing contract violation, giving the breaching party a chance to fix the issue.
• Scope of Application: Litigation holds affect entire organizations, requiring all relevant parties to preserve documents. Remedy notices target specific contractual parties and focus on particular breaches.
• Legal Consequences: Failing to comply with a litigation hold can lead to court sanctions and evidence problems. Ignoring a remedy notice typically triggers contract termination rights.
• Duration: Litigation holds remain active until explicitly lifted. Remedy notices usually specify a fixed cure period under Belgian contract law.