Everything You Need to Know about the New Chain Liability Law changes for 2026

Starting Jan 1, 2026, there are new Flemish Chain Liability (Ketenaansprakelijkheid) rules.

We get it. You’re looking for answers, but all you’re finding is dense legal jargon. It’s overwhelming.

That’s why we’ve put together this guide to help you understand the new Chain Liability rules in a nutshell, without the headache!

Below, we break down:

• the 4 risk sectors;
• the mandatory 7-step compliance plan from the Flemish government;
• and exactly how to protect your company from sanctions

What exactly is chain liability?

Chain liability refers to the fact you (as a principal client or contractor), will be held liable for your sub/contractor's illegal third-country nationals they employ.

1. Why are the rules getting stricter now?

In the past, clients or contractors could avoid chain liability for illegal employment via a written statement between the client/contractor and a direct sub/contractor, which stated that no illegal workers are employed, nor will they be employed.

• The Old Rule: You were safe as long as you had a signed contract saying your subcontractor would follow the law.
• The Loophole: You didn't actually have to check if they were telling the truth.

But after high-profile judicial investigations in the industrial sector and findings that 1 in 3 companies were involved in social fraud, the result is clear: the regulatory environment is tightening.

The 2026 change flips the burden of proof:

• You cannot just rely on a contract clause.
• You must now physically verify necessary documents such as the passport, residence permit status, proof of enrollment in the Limosa database etc.

See Section 5 below for more details!

Crucial Detail: This applies to any company (domestic or foreign) involved in activities in the Flemish Region. It doesn't matter if your subcontractor is Belgian, Polish, or Brazilian, so long as the work happens in Flanders.

Who is affected?

Common Misconceptions

You might think, "chain liability doesn't affect me that much, so I don't have to care."

Let's debunk some top misconceptions.

• Myth: "I have a contract clause, so I am safe."
  
  • Reality: False. In Risk Sectors, a paper contract is no longer a valid defense. You need physical proof of document verification.
• Myth: "The government has a digital tool that checks everything for me."
  
  • Reality: While a government tool ("Checkinatwork") exists for construction and in activities related to meat production, it does not yet fully automate the "authenticity check" for foreign residence permits. The final responsibility for verification still rests with you.
• Myth: "My core business is not in the four risk sectors, therefore this new chain liability legislation is not applicable to me."
  
  • Reality: Regardless of whether you run a hospital or a chemical plant, if you hire a cleaner or a technician to fix a light, you are involved.

What are industry experts saying?

Major industry federations like Bouwunie have welcomed the tightening legislation.

"We must combat all forms of social dumping and the associated unfair competition for our companies. We are pleased that Flanders is also cooperating with this decision." - late Bouwunie CEO Jean-Pierre Waeytens

Associations and organisations across varied fields (e.g. Prebes, the association for prevention advisors; Acerta and Securex, HR service providers etc.) have also begun disseminating the new legislation changes in their communications.

"It's no longer sufficient for the compliance officer or prevention advisor to request a statement; the document review process must be structurally embedded in the organization." - Prebes

So we know why legislation is tightening, how the field at wide is reacting, and that different roles in an organization should care.

Now let's jump straight into the details!

2. Am I liable if I didn’t hire the worker directly? 

Yes. Liability extends to every link in the supply chain.

However, the conditions that apply in terms of your liability differ depending on your relationship with your sub/contractor.

Scenario A: You have a DIRECT Relationship

(You signed the contract directly with this company)

If the company you hire directly (your direct sub/contractor) employs undocumented third-country nationals, whether as employees or self-employed workers, you, as the client or main contractor, can be held liable.

For contractors performing specific risky activities, stricter rules apply:

To avoid liability in contractors performing these activities starting January 1, 2026, you must fulfill two mandatory requirements: 

1. Written Declaration: You must possess a signed statement from your contractor confirming they do not and will not employ illegal third-country nationals.
2. Duty of Diligence: You must actively verify compliance documents.
   
   • Note: You are exempt from the active duty of diligence (checking documents) if:

Note: If your direct contractor is NOT in a risk sector, the active duty of diligence doesn't apply, but you still need that written declaration.

Scenario B: You have an INDIRECT Relationship

(Your contractor hired a subcontractor)

If an indirect sub/contractor employs irregular third-country nationals, the principal, main contractor, or intermediate contractor can only be held liable if they had prior knowledge of the illegal employment.

The burden of proof lies with the inspection services to demonstrate that this prior knowledge existed.

However, it is still advised to request and verify specific documents from sub/contractors (such as IDs and residence permits) to effectively demonstrate that all employment is legal.

3. Which sectors have to follow the stricter rules?

If you operate in (or hire companies performing activities in) the risk sectors, pay attention.

1. Construction
2. Cleaning
3. Meat Industry
4. Parcel Handling

"But I'm a chemical company, not a cleaning company!"

‍It doesn't matter. If your chemical plant hires an external cleaning crew, you become the Principal in a Risk Sector relationship. You are liable for checking those cleaners.

The same goes for construction, which covers any work on immovable property. This means installation, repair, and maintenance on your site all count.

4. How do the rules differ for enterprise clients vs. contractor companies?

The operational burden differs depending on your role in the chain.

For Enterprise Clients

• Role: The Principal (Opdrachtgever).
• Your Exposure: You likely hire Cleaning firms.
• Your Obligation: You are directly liable for these companies. You must physically verify the documents of every cleaner they send.
• Gatekeeper Risk: If you fail to check the documents of a cleaner entering your plant, you pay the fine, not just the cleaning company.

For Contractor Companies

• Role: The Main Contractor & Intermediate Contractor.
• Your Double Burden:
  
  1. Downstream (Liability): You must verify your subcontractors' documents.
  2. Upstream (Access): You must provide verified data to your Enterprise Client to get your team through the gate.
• The Danger: If your subcontractor messes up, you face criminal fines AND you put the working relationship with your big client at risk.

5. So what do I have to do to prove due diligence?

To avoid liability, follow the 7-Step Duty of Diligence process defined by the Flemish Government.

Step 1: Region Check

These regulations are mandatory for all companies, whether Belgian or foreign, that are involved, either directly or indirectly, in activities within Flanders.

Step 2: Sector Check

Does your direct (sub)contractor operate in the 4 risk sectors, and are they above the financial thresholds?

Step 3: Nationality Check

Third-country nationals are individuals who are not citizens of the European Union (EU), the European Economic Area (EEA), or Switzerland. 

If such individuals perform work in Flanders, whether as employees or self-employed persons, it is mandatory to verify their residence status to determine if they are staying in the country legally.

Step 4: Request Documents

You must obtain specific documents to prove that your direct (sub)contractor is not employing irregular third-country nationals (whether as employees or self-employed).

The required documents depend on the origin of the posting or employment:

Step 5: Validity Check

• Forgery Check: You must assess if documents are genuine (not obvious forgeries).
• Validity Dates: Ensure documents (especially Residence Permits and Work Permits) are valid for the duration of the work.

Note: Blatant forgeries or invalid documents are considered as absent documents.

Step 6: 5 Year Storage Period

You must store these documents for 5 years after the collaboration ends.

They must be available for inspection services upon request.

Step 7: The Reporting Protocol

If you discover that documents are missing, clearly forged, or invalid, you must immediately contact your (sub)contractor and request the correct documentation.

If your (sub)contractor fails to respond, you are required to report the issue to the Vlaamse Sociale Inspectie (Flemish Social Inspectorate). By filing this report, you officially discharge your duty of diligence and can no longer be held liable for the infringement.

Read on more below to find out how to file a report.

6. What should I do if documents are missing or look fake?

7. What happens if I don't comply?

Risks and Real-World Consequences of Non-Compliance

• Severe Legal Consequences: Violations are often Level 3 or 4 offenses (the most serious class).
• Financial Risk: Fines are calculated per infraction or per victim, meaning financial penalties can accumulate rapidly depending on the number of workers involved.
• Criminal Liability: For Level 4 violations, judges can impose a ban on operations or exclude you from public tenders.

8. How can I prepare my organization right now?

The 2026 Decree represents a shift: the future of contractor management lies in active verification.

It's well worth integrating tools in your organization that can seamlessly keep up with ever tightening legislation, and thereby alleviate your headaches!

Here's how to prepare:

While the law takes full effect on Jan 1, 2026, there is a 6-month grace period before full enforcement begins on July 1, 2026. Use this time to move from reactive panic to proactive control.

9ID automates the administrative heavy lifting, ensuring you effortlessly stay compliant with the new rules and relieves you of administrative burden.

Discover how 9ID automates compliance for the new Flemish Decree.

This guide is intended for informational purposes and summarizes the new Flemish Decree on Chain Liability. It does not constitute legal advice.

9. Further Reading

Information:

• Ketenaansprakelijkheid bij illegale tewerkstelling | Vlaanderen.be
• Nieuwe zorgvuldigheidsplicht voor aannemers in risicosectoren | Prebes
• Werkt jouw (onder)aannemer met buitenlandse werknemers? Let op voor aansprakelijkheid vanaf 2026 in Vlaanderen! | Acerta
• Nieuwe Vlaamse ketenaansprakelijkheid bij illegale tewerkstelling | Securex
• One third of Belgian companies found guilty of social fraud | The Brussels Times
• Bouwunie blij dat ook Vlaanderen illegale tewerkstelling in de bouw aanpakt | Bouwunie

Legislation:

• Decreet van 27 juni 2025 tot wijziging van artikel 12/3 en 12/4 van de wet van 30 april 1999 betreffende de tewerkstelling van buitenlandse werknemers en artikel 13/6 van het decreet houdende sociaalrechtelijk toezicht van 30 april 2004, BS 16 juli 2025.
• Besluit van 24 oktober 2025 van de Vlaamse Regering tot wijziging van het besluit van de Vlaamse Regering van 10 december 2010 tot uitvoering van het decreet van 10 december 2010 betreffende de private arbeidsbemiddeling, wat betreft de gedragscode uitzendactiviteiten, en het besluit van de Vlaamse Regering van 7 december 2018 houdende uitvoering van de wet van 30 april 1999 betreffende de tewerkstelling van buitenlandse werknemers, wat betreft de zorgvuldigheidsplicht bij ketenaansprakelijkheid, BS 2 december 2025.

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