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Car advertising still under scrutiny from the Dutch Advertising Code Committee

Car advertising still under scrutiny from the Dutch Advertising Code Committee

Advertisements for car makes are under the continued scrutiny from the Dutch Advertising Code Committee (Reclame Code Commissie or RCC). This is important news for communication, consultancy and advertising agencies. Like the car makes, they too have to take advertising law into account continuously. Over-promising In 2015, the Dutch Advertising ... Read More »

Factors to be borne in mind when including standard terms and conditions in international legal transactions

Factors to be borne in mind when including standard terms and conditions in international legal transactions

Every day, countless purchase agreements are concluded around the world, between parties from different countries. To harmonise the rules applicable to those purchase agreements, many countries have signed up to the UN Sales Convention (CISG). There are currently 84 signatory countries, ranging from Albania to Zambia. The Netherlands and Germany ... Read More »

The European Court of Justice has ruled on unfair commercial practices that took place after consumer agreements were entered into

The European Court of Justice has ruled on unfair commercial practices that took place after consumer agreements were entered into

In the European Union member states are required to provide national legislation that prohibits a trader to acts unfairly towards a consumer if he carries out commercial practices that are not in line with the required competence and care requirements. According to the law, each act, omission, behaviour, representation of ... Read More »

Don’t just sign a processor’s agreement, in particular if you are not actually a processor

Don’t just sign a processor’s agreement, in particular if you are not actually a processor

More and more organisations require suppliers and partners with whom personal data is exchanged to enter into a processor’s agreement. Regularly, signing the processor’s agreement is even (more or less) forced upon them. Often it is insufficiently considered whether it is actually required that a processor’s agreement is signed. It can ... Read More »

Claiming compensation from your director (under the articles of association) who is residing abroad? Know which court to go to

Claiming compensation from your director (under the articles of association) who is residing abroad? Know which court to go to

It is well-known that legal proceedings are not constrained by national borders. It is for that reason that within the European Union there are two regulations setting out which court has jurisdiction within the EU in particular cross-border proceedings. In respect of all legal claims brought before 10 January 2015, ... Read More »

Two insurances do not cover water damage – recourse pursuant to Book 7, Section 961 of the Dutch Civil Code unsuccessful

Two insurances do not cover water damage – recourse pursuant to Book 7, Section 961 of the Dutch Civil Code unsuccessful

Water damage at the Erasmus Medical Centre, which occurred after the 2004 refurbishment, was only covered under buildings insurance and not under CAR insurance because the contract documents did not include a maintenance obligation for the main contractor. What was agreed in the dealings between the main contractor and the ... Read More »

House building near an industrial estate: customised regulations, noise policy plan and dynamic reference to parking policy

House building near an industrial estate: customised regulations, noise policy plan and dynamic reference to parking policy

Building houses near an industrial estate is not straightforward. On the one hand, it must be guaranteed that the homes to be built offer a proper quality of life, but, on the other, this may not impede the nearby businesses in their operations. On 14 June 2017, the Administrative Jurisdiction ... Read More »

Possibly ‘Google light’ in Europe thanks to questions from French Conseil d’État on privacy law and the right to be forgotten

Possibly ‘Google light’ in Europe thanks to questions from French Conseil d’État on privacy law and the right to be forgotten

Over 3 years ago, the European Court of Justice gave the famous Costeja ruling. Since then, it has been clear that search engines are also bound by privacy law and can (therefore) receive correction and removal requests. Privacy law also puts additional strict rules on the processing of so-called special ... Read More »

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