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Securing your data transfers after Schrems II

The European Court of Justice has issued a landmark judgement in the Schrems II-case that reshapes data transfer rules from EU to non-adequate third countries, impacting the regulatory landscape significantly.

COVID-19 impacts level and payment of antitrust fines

As well as granting companies leeway on certain COVID-19 initiated collaborations (see our May 2020 newsletter), the coronavirus outbreak has also led competition authorities to take a more lenient stance towards fine calculations and payments.

Besluit aanwijzing organisaties van openbaar belang

Op 10 juli 2019 is het Besluit aanwijzing organisaties van openbaar belang (Besluit) in het Staatsblad gepubliceerd.

Wetsvoorstel Wijziging van de Handelsregisterwet 2007

Op 25 juni 2019 heeft de Eerste Kamer het wetsvoorstel tot wijziging van de Handelsregisterwet 2007 aangenomen.

ICO to impose record-breaking fines for inadequate security measures and data breaches

Though the European data protection authorities have taken their time in enforcing the GDPR two announcements by the ICO in the UK regarding proposed fines for British Airways and Marriott demonstrate that large fines are about to start landing regularly.

Tax Alert: Legislative proposal on Dutch implementation of ATAD 2 (anti-hybrid rules)

On 2 July 2019, the Dutch State Secretary of Finance has published a legislative proposal to implement the EU Anti-Tax Avoidance Directive 2 ("ATAD 2") into Dutch domestic legislation (the "Bill"). ATAD 2 provides for minimum standards to neutralize hybri

Prove it or lose it: court sets aside ACM fines in two separate cases

The Rotterdam District Court recently confirmed the high bar which has been set for the ACM when proving its case: the court annulled the fines imposed by the ACM in two different cases and, significantly, each for the same reason.

No parking! Canon fined EUR 28 million for warehousing transaction structure

The European Commission has landed a third strike against gun-jumping, the prohibition to implement a transaction before notification to and clearance by the Commission.

Stibbe successfully represents EY in fine case

Stibbe represented EY in an appeal before the Industrial Appeal Court (College van Beroep voor het bedrijfsleven; CBb) filed by the AFM after the Rotterdam District Court's decision at the end of 2017 to annul the fines imposed by the AFM. The Rotterdam D

The impact of the Division’s PAN decision on the permissibility of nitrogen relevant activities?

On 29 May 2019, in a long-awaited decision, the Administrative Jurisdiction Division of the Council of State (the “Division”) held that the Programmatic Approach to Nitrogen (“PAN”) was adopted in contravention of the Habitats Directive.

Successful challenges to merger decisions seem to be the exception

The General Court recently confirmed the high degree of discretion enjoyed by the European Commission in the context of merger control decisions, particularly with respect to assessments of an economic nature.

Low prices, high fines: Commission's creative purchase cartel fine upheld

Companies should take note that the European Commission will deviate from its own general fining methodology if a particular case calls for it. The General Court recently upheld the Commission's novel fining approach in regard of a purchase cartel.

Part two - GDPR and Public Law: Data protection in public procurement

Nearly a year after the GDPR took effect, questions have emerged about its interaction with public law. This three-part blog series "GDPR and Public Law" explores three key issues regarding its impact on public law and government.

Stibbe wins Netherlands Tax Firm of the Year Award for the third time

During the annual European Tax Awards organised by the International Tax Review, Stibbe was once again recognised with the ‘Netherlands Tax Firm of the Year Award’. This completes a hat-trick of Stibbe wins in this category, after also bringing home the A

ARRC releases recommended contractual fallback language for U.S. Dollar LIBOR syndicated loans

By now almost everyone knows that the world of interest rate benchmarks is going to change.

Can you rely on your contract to process personal data?

The EDPB adopted on 9 April 2019 a set of draft guidelines on personal data processing under Article 6(1)(b) GDPR in the context of providing online services to data subjects.

Double-check your merger info - or face significant fines for inaccuracies

Failing to submit complete and accurate information to the European Commission during a merger investigation can have costly consequences.

Qualcomm loses General Court battle over request for information

The General Court (GC) recently rejected Qualcomm's appeal against a Commission decision requesting information. The Commission's request was presented to the company after the issuance of a statement of objections.

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