38 results Brexit and Private International Law (Part 1 of 2) Since 1 January 2021, EU regulations simplifying cross-border litigation no longer apply in relation to the UK and – in most cases – to parties based in the UK. Digital Law Up(to)date: The cookie consent framework of IAB Europe violates the GDPR On 2 February 2022, the Belgian Data Protection Authority considered that the Transparency and Consent Framework (TCF) developed by Interactive Advertising Bureau Europe (IAB) violates the GDPR. C'est le ton qui fait la musique – The end of employer copyrights? The CJEU decision in the National Orchestra of Belgium decision shakes up employer copyright in the Netherlands. With new consent and compensation requirements, are your employment contracts still airtight? Discover the implications of the decision here. Supreme Court abandons distinction between primary-coverage clauses and preventive-warranty clauses. Good riddance? The Dutch Supreme Court handed down an important decision on 16 February 2024 on the restrictive standard of reasonableness and fairness with respect to insurance policies. Jan-Jaap Koningsveld strengthens TMT/IP practice Stibbe Amsterdam Stibbe Amsterdam is pleased to announce the expansion of its TMT/IP practice with the appointment of Jan-Jaap Koningsveld as counsel. De overheid betaalt een opgelegde dwangsom niet. Wat nu? De overheid houdt zich doorgaans aan haar verplichtingen uit rechterlijke uitspraken. Maar het komt voor dat de overheid dat om wat voor reden dan ook toch niet doet. Cease fire on troubled companies! Royal Decree temporarily suspends enforcement Royal Decree No. 15 introduces a temporary moratorium amid COVID-19, shielding debtor-companies from enforcement measures and bankruptcy declarations. Claims assigned to a litigation vehicle: who needs to prove what? Two recent decisions from the Amsterdam Court of Appeal have confirmed that litigation vehicles cannot come empty-handed to the court, and should provide documentation regarding the assignments of claims they submit. Climate case Milieudefensie et al. – The Hague District Court orders Shell to reduce CO2 emissions On May 26, 2021, the District Court of The Hague rendered its judgment in the case between Milieudefensie and others against Shell. Purely commercial interest also a legitimate interest? Council of State leaves the question unanswered. On 27 July 2022, the Council of State confirmed that the Dutch Data Protection Authority wrongly imposed a €575,000 fine on VoetbalTV. The qualification of a (commercial) contract The Dutch Civil Code provides for several nominate contracts, for example: contractor agreements, purchase agreements, lease contracts, agency agreements and employment contracts. Legal trend: climate change litigation The Urgenda case against the Dutch government sets a precedent for climate litigation. With similar cases pending, this blog offers updates on climate change litigation. Dutch fintech Action Plan - stimulating growth in the Dutch fintech sector On 3 July 2020, the Dutch Minister of Finance and the Secretary of State for Economic Affairs published an action plan to support the Dutch Fintech sector. EU’s GPAI Code of Practice: the world’s first guidance for General Purpose AI model compliance The European Commission has published the Code of Practice, the worlds first stakeholder guidance on transparency, safety and security, and copyright considerations for general purpose AI-models (GPAI), which helps AI developers to comply with the AI Act. Online platforms and uploading of protected works: no direct liability for operators of online platforms According to the Advocate General, operators of online platforms are not directly liable for the illegal uploading of protected works by the users of those platforms. Audit firms and accountant's duty of care towards third parties The Dutch Supreme Court recently decided (ECLI:NL:HR:2019:744) that the standard for audit firms' and accountants' duty of care towards third parties is in essence no different than the general duty of care under Dutch tort law [...]. Double roles in attributing knowledge The knowledge of a person who in fact runs a company can be attributed to the company if the sole director and shareholder is a 'straw man', the Supreme Court confirmed in a judgment of 29 March 2019. 18 March 2020: Erik Valgaeren sheds a light on the legal perspectives of industrial data during a Beltug conference In the digital age, data is hailed as the 'new gold' or 'oil'. As we seek insights for increased revenue and market expansion, data analysis is vital. It must be handled with care, aligning with strategic goals and ensuring solid security and quality. Pagination Current page 1 Page 2 Page 3 Next page
Brexit and Private International Law (Part 1 of 2) Since 1 January 2021, EU regulations simplifying cross-border litigation no longer apply in relation to the UK and – in most cases – to parties based in the UK.
Digital Law Up(to)date: The cookie consent framework of IAB Europe violates the GDPR On 2 February 2022, the Belgian Data Protection Authority considered that the Transparency and Consent Framework (TCF) developed by Interactive Advertising Bureau Europe (IAB) violates the GDPR.
C'est le ton qui fait la musique – The end of employer copyrights? The CJEU decision in the National Orchestra of Belgium decision shakes up employer copyright in the Netherlands. With new consent and compensation requirements, are your employment contracts still airtight? Discover the implications of the decision here.
Supreme Court abandons distinction between primary-coverage clauses and preventive-warranty clauses. Good riddance? The Dutch Supreme Court handed down an important decision on 16 February 2024 on the restrictive standard of reasonableness and fairness with respect to insurance policies.
Jan-Jaap Koningsveld strengthens TMT/IP practice Stibbe Amsterdam Stibbe Amsterdam is pleased to announce the expansion of its TMT/IP practice with the appointment of Jan-Jaap Koningsveld as counsel.
De overheid betaalt een opgelegde dwangsom niet. Wat nu? De overheid houdt zich doorgaans aan haar verplichtingen uit rechterlijke uitspraken. Maar het komt voor dat de overheid dat om wat voor reden dan ook toch niet doet.
Cease fire on troubled companies! Royal Decree temporarily suspends enforcement Royal Decree No. 15 introduces a temporary moratorium amid COVID-19, shielding debtor-companies from enforcement measures and bankruptcy declarations.
Claims assigned to a litigation vehicle: who needs to prove what? Two recent decisions from the Amsterdam Court of Appeal have confirmed that litigation vehicles cannot come empty-handed to the court, and should provide documentation regarding the assignments of claims they submit.
Climate case Milieudefensie et al. – The Hague District Court orders Shell to reduce CO2 emissions On May 26, 2021, the District Court of The Hague rendered its judgment in the case between Milieudefensie and others against Shell.
Purely commercial interest also a legitimate interest? Council of State leaves the question unanswered. On 27 July 2022, the Council of State confirmed that the Dutch Data Protection Authority wrongly imposed a €575,000 fine on VoetbalTV.
The qualification of a (commercial) contract The Dutch Civil Code provides for several nominate contracts, for example: contractor agreements, purchase agreements, lease contracts, agency agreements and employment contracts.
Legal trend: climate change litigation The Urgenda case against the Dutch government sets a precedent for climate litigation. With similar cases pending, this blog offers updates on climate change litigation.
Dutch fintech Action Plan - stimulating growth in the Dutch fintech sector On 3 July 2020, the Dutch Minister of Finance and the Secretary of State for Economic Affairs published an action plan to support the Dutch Fintech sector.
EU’s GPAI Code of Practice: the world’s first guidance for General Purpose AI model compliance The European Commission has published the Code of Practice, the worlds first stakeholder guidance on transparency, safety and security, and copyright considerations for general purpose AI-models (GPAI), which helps AI developers to comply with the AI Act.
Online platforms and uploading of protected works: no direct liability for operators of online platforms According to the Advocate General, operators of online platforms are not directly liable for the illegal uploading of protected works by the users of those platforms.
Audit firms and accountant's duty of care towards third parties The Dutch Supreme Court recently decided (ECLI:NL:HR:2019:744) that the standard for audit firms' and accountants' duty of care towards third parties is in essence no different than the general duty of care under Dutch tort law [...].
Double roles in attributing knowledge The knowledge of a person who in fact runs a company can be attributed to the company if the sole director and shareholder is a 'straw man', the Supreme Court confirmed in a judgment of 29 March 2019.
18 March 2020: Erik Valgaeren sheds a light on the legal perspectives of industrial data during a Beltug conference In the digital age, data is hailed as the 'new gold' or 'oil'. As we seek insights for increased revenue and market expansion, data analysis is vital. It must be handled with care, aligning with strategic goals and ensuring solid security and quality.