What changes to chain liability in 2026 and how does your company avoid liability?

This guide explains what chain liability is, who is affected, which documents are required, and how companies can avoid liability through a structured digital due-diligence process.

Do the free Chain Liability Check

Chain liability means that a company can be held responsible for illegal employment committed by subcontractors or suppliers. Responsibility may move up the chain, even if the main contractor or client did not directly commit any violation.

The legislation aims to:

• combat illegal employment
• improve working conditions
• protect compliant companies
• increase accountability for clients and contractors

High-risk sectors include:

• construction
• cleaning and facility services
• meat processing
• logistics and warehousing
• parcel and courier delivery

Principal Contractors

Companies that hire contractors for services or manual labour are responsible for verifying compliance throughout the supply chain.

Contractors

Direct contractors working for principals must ensure their own compliance and that of any subcontractors they engage.

Subcontractors

Even subcontractors further down the chain are responsible for ensuring they do not employ illegally staying workers.

Important: Every link in the contracting chain can potentially be held liable for employing illegally staying third-country nationals, whether as employees or self-employed persons.

The new law significantly strengthens both the due-diligence obligation and the liability risk for clients, main contractors, subcontractors, and suppliers.

From 2026 onwards, companies must:

2.1. Perform active verification

You must actively verify that your subcontractors or suppliers:

• do not employ third-country nationals who are illegally staying
• can provide valid documents for all workers
• keep registrations and residence permits up to date

2.2. Request and store specific documents

For every worker employed by your subcontractor, you must be able to present certain documents during an inspection, including:

• identity card or passport
• proof of legal residence
• work permit or employment authorization (if applicable)
• LIMOSA declaration or social security registration
• any sector-specific registration requirements

2.3. Demonstrate due diligence

Even if an infringement occurs in your chain, you may still be exempt from liability only if you can prove that you performed the required due-diligence checks.

This includes requesting documents, following up on missing information, and documenting every step.

3.1. Clients and main contractors

They must perform the broadest due-diligence checks.

3.2. Subcontractors

They must verify their own subcontractors and workers.

3.3. High-risk sector suppliers

Suppliers in construction, cleaning, logistics, meat processing, and parcel delivery face enhanced compliance requirements.

3.4. Foreign subcontractors

Foreign companies operating in Belgium must also comply with these rules.

Companies must proactively verify the employment and residence status of all workers involved in a contract.

4.1. Identity and residence verification

• identity document
• residence permit
• work permit or employment authorization

4.2. Required registrations

• LIMOSA declaration
• social security registration
• sector-specific presence registration

4.3. Project-based verification

For each assignment, companies must ensure that documents are valid, up to date, and appropriate for the type of work.

4.4. Proof record

To avoid liability, companies must document:

• which documents were requested
• when they were provided
• follow-up on missing or expired documents
• actions taken when risks were identified

Companies can avoid liability if they demonstrate they fulfilled their due-diligence obligations.

You must be able to prove that you:

• requested all required documents
• sent reminders for missing information
• monitored document validity
• reported irregularities
• refused cooperation with non-compliant subcontractors

• Do you have an overview of all subcontractors?
• Do you know which documents must be requested?
• Are expiration dates monitored?
• Do you follow up missing documents?
• Can you prove your due-diligence actions?

Use the free ChainSafe chain-liability check to assess your compliance level.

Do the free Chain Liability Check

The new chain-liability rules will significantly impact companies working with subcontractors. Those who act now can avoid legal, financial, and reputational consequences. Those who do nothing risk severe penalties.

ChainSafe.be offers a simple and secure solution to manage all due-diligence obligations.

Start now: use the free Chain Liability Check: