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After the Uber case and the Airbnb case … the Star Taxi App case: focus on the question of the qualification as “Information Society Service”

This blog analyses the Star Taxi App case law in the light of the Uber case law and the Airbnb case law. The three judgments have in common the question of the qualification of services as Information Society Services.

Digital Law Up(to)date: Display of advertising messages in electronic inbox similar to real emails constitutes unsolicited communication

On 25 November 2021, the Court of Justice of the European Union ruled that the display in the electronic inbox of advertising messages in a form similar to real email constitutes an unsolicited communications.

Digital Law Up(to)date: (1) Parliamentary initiatives about cyber attacks; (2) ‘Zero tariff’ options before the CJEU; and (3) Council of State, GDPR and encryption

In this blog, we briefly present three interesting matters in the field of digital law: (1) Parliamentary initiatives to tackle cyber attacks; (2) 'Zero tariff' options and open internet access do not mix; (3) Council of State, GDPR and encryption.

Digital Law Up(to)date: No processing of vaccination status in recruitment process

The Litigation Chamber of the Belgian DPA confirms that, in the absence of an existing legal basis, it is not possible for an employer, in this case a hospital, to make the recruitment of a person conditional on the fact that he/she has been vaccinated.

Deleting WhatsApp chats during dawn raids may cost you dearly

Companies should be aware that the Dutch competition authority (ACM) will not only examine electronic records and emails, but can also check WhatsApp messages during dawn raids.

Commission continues cross-border trade crusade

The European Commission is on a roll in its fight against territorial sales restrictions.

MER-screening: Raad van State zet de puntjes op de ‘i’

De opmaak van een ruimtelijk uitvoeringsplan is complex en kostelijk, vooral door de vereiste MER-rapportage. Plan-MER-screenings kunnen lokale processen verbeteren, maar moeten zorgvuldig gebeuren om te voorkomen dat het hele plan in gevaar komt.

Regulating online platforms: piece of the puzzle

The new Regulation of the European Parliament and of the Council on promoting fairness and transparency for business users of online intermediation services, is another piece of the puzzle regulating online platforms.

Safeguarding legal privilege: better safe than sorry?

The European Court of Justice recently ruled that the European Commission does not have to take additional precautionary measures to respect the right of legal professional privilege when conducting a new dawn raid at the same company.

ECJ accepts carve-out Italy in Commission’s Amazon Buy Box investigation

The EU Court of Justice dismissed Amazon’s claim that the exclusion of Italy from the European Commission’s investigation into its Buy Box feature deprived Amazon of its protection against a parallel investigation by the Italian competition authority.

Costly Capsules: Court calls foul on Leadiant

On 13 February 2025, the District Court of Rotterdam upheld the ACM’s approach in its ruling on the appeal against the regulator’s first-ever excessive pricing fine.

The vertical fight continues: two more cases on vertical restraints

Companies should not take competition rules lightly in their supply relationships. The EU General Court's Valve judgment and the ACM's LG decision illustrate the consistent attention to vertical restraints.

Law and AI (part 2): towards a European framework in line with the ethical values of the EU?

On 20 October 2020, the European Parliamentary Assembly adopted, on the basis of three reports, three resolutions on AI from three different perspectives. In this blog, we discuss the report and the resolution on AI and a framework of ethical aspects.

EU Compass: Boosting competitiveness as North Star

Are ‘European champion’ companies walled off from unfair (foreign) competition the future? The European Commission recently presented its Competitiveness Compass to navigate the European Union to strengthened competitiveness.

Including scope 3 emissions in environmental impact assessments used in public decision-making

In this blog post, we discuss the role that Scope 3 emissions can play in project permitting and environmental impact assessments. We do this in the light of a landmark decision by the UK Supreme Court on 20 June 2024.

Het meenemen van scope 3-emissies in milieueffectrapportages bij publiekrechtelijke besluitvorming

In dit blogbericht bespreken wij, aan de hand van een uitspraak van het Brits Hooggerechtshof van 20 juni 2024, welke rol scope 3-emissies kunnen spelen in vergunningverlening voor projecten en in milieueffectrapportages.

EU merger guidelines review: catching up with the times?

A potential major overhaul of EU merger control review began on 8 May 2025. Time for stakeholders to speak up about whether and particularly how the European Commission should incorporate wider strategic or societal objectives into its merger assessments.

Commission steers market definition to the 21st century

Companies have a new and improved tool for the competitive assessment of their conduct and intended acquisitions. The European Commission has updated its guidance on how to define relevant markets for the purpose of EU competition law enforcement.

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