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Digital Law Up(to)date: New EDPB Guidelines on the practical implementation of amicable settlements

The EDPB published new guidelines on the practical implementation of amicable settlements.

Update on Dutch rules on the classification of Dutch and foreign legal entities

On 3 June 2022, the Dutch State Secretary of Finance presented the Fiscal Policy and Implementation Agenda for the coming years. In the agenda, he sets out the ambitions in the area of taxation and their implementation by the Tax Authorities.

The new VBER is here! Time to update your distribution agreements

The new Vertical Block Exemption Regulation (VBER) entered into force on 1 June 2022. The new VBER is stricter on dual distribution and across-platform retail parity obligations than the old one, but is more lenient towards active sales and online sales r

Park your parking structures: EU Court upholds Canon’s gun jumping fine

Companies involved in M&A transactions had better think twice before temporarily parking a target undertaking with an interim buyer.

AG Emiliou: careful treading in hybrid cartel procedures

On 12 May 2022, Advocate General (AG) Emiliou delivered his Opinion proposing that the European Court of Justice (ECJ) dismiss HSBC’s appeal.

Are you ready for the new Dutch and EU transactional hurdles?

Companies beware: new Dutch and EU transactional hurdles are coming closer. In the Netherlands, new national security investment screening rules are imminent.

Digital Law Up(to)date: Cookies on Belgian press sites - A first DPA decision against Roularta

The Belgian DPA fined Roularta Media Group for several breaches of the GDPR on three of its websites.

Digital Law Up(to)date: EDPB guidelines on facial recognition in the area of law enforcement

The European Data Protection Board adopted on 12 May 2022 Guidelines 05/2022 on the use of facial recognition technology in the area of law enforcement.

Digital Law Up(to)date: From 'confidentiality of letters' to 'confidentiality of private communications'?

The Belgian Parliament published a proposal to amend art. 29 of the Belgian Constitution. If adopted, art. 29 should read as follows: “The confidentiality of private communications is inviolable, except in the cases and conditions established by law”.

Digital Law Up(to)date: Approval of the Data Governance Act by the Council of the EU

The Council of the European Union adopted the Data Governance Act. The new regulation promotes the availability of data and builds a trustworthy environment to facilitate their use for research and the creation of innovative new services and products.

Restructuring & Insolvency in the Netherlands - 2022

Daisy Nijkamp contributed to the 16th edition of ICLG – Restructuring & Insolvency.

Digital Law Up(to)date: New EDPB guidelines to calculate the amount of GDPR administrative fines

The EDPB adopted new guidelines on the calculation of administrative fines under GDPR. The objective is to strengthen harmonisation and transparency of the methodology used by national supervisory authorities to calculate the amount of the fines.

Dutch Spring Memorandum, EU’s DEBRA Proposal and the 2021 Annual Report Advance Tax Rulings

On Friday 20 May 2022, the Dutch Ministry of Finance published the 2022 Spring Memorandum (Voorjaarsnota), including various proposed amendments that are relevant to international businesses, On 11 May 2022. the EU Commission issued a draft directive pro

Self-storage business qualifies as real estate entity for Dutch real estate transfer tax purposes

On May 12, 2022 the Amsterdam Court of Appeal published its decision that the services of a self-storage business consisted mainly of the exploitation of immovable property and the other services provided to its customers are subordinate to the lease.

New CSSF Circular on UCI administrators

On 16 May 2022, the CSSF published the Circular 22/811 on UCI administrators to clarify the CSSF current requirements by specifying the principles of sound governance and the CSSF expectations on internal organisation and good practices.

Digital Law Up(to)date: Consumer associations can control GDPR implementation

According to the CJEU, consumer protection associations are now allowed to control the GDPR implementation. 

Digital Law Up(to)date: Art. 17 of directive 2019/790 is valid

The CJEU validates the new liability regime for large online platforms organised by article 17 of the directive 2019/790 on copyright and related rights in the Digital Single Market.

EBA publishes its advice on non-bank lending activities

In the past years, non-banks have shaken up the lending landscape in the European Union (“EU”). Fintech lending platforms and other non-bank lenders (including Bigtechs) have entered and disrupted the lending markets.

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