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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 »
Category Archives: The Netherlands
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Claiming compensation from your director (under the articles of association) who is residing abroad? Know which court to go to
August 1, 2017
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 »
Directors disqualification under civil law: mission accomplished?
July 27, 2017
We informed you on several occasions of the directors disqualification under civil law on our Knowledge Page. The legislative proposal and the implications, the submission and its handling in the House of Representatives and the Senate as well as the entry into effect thereof have thus already been discussed comprehensively. ... Read More »
Supervision of legal entities
July 26, 2017
Perhaps without you noticing it, the government has been conducting continuous supervision of all domestic legal entities and foreign legal entities with a principal or branch establishment in the Netherlands since 2011. This was not always the case. The development of the supervision of legal entities and current implementation thereof ... Read More »
Two insurances do not cover water damage – recourse pursuant to Book 7, Section 961 of the Dutch Civil Code unsuccessful
July 20, 2017
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 »
No rectification if quantities are adopted incorrectly
July 17, 2017
If a bidder does not take into account that quantities have been amended in the summary of additional information and changes, then the tender submission is invalid. This is an omission that is not open to rectification. For the renovation of the N359, the Province of Friesland held a European ... Read More »
Assessment of tenders only on the basis of tender documents
July 13, 2017
Tenders must be assessed on the basis of the method set out in the tender documents. External sources, the BVP tendering manual for example, may not be used here. This all the more so now that there is no consensus in literature on BVP tenders on the correct method of ... Read More »
Domain name disputes: mandatory transfer according to the three-step test?
July 11, 2017
Rights to domain names not provided for by law. In the event of disputes, it is the court that decides whether the registration or use of a certain domain name constitutes an infringement. Having said that, not only the court, but the person or body settling the disputes is also ... Read More »
House building near an industrial estate: customised regulations, noise policy plan and dynamic reference to parking policy
July 10, 2017
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 »
Court of Justice: employees protected during relaunch from pre-pack after all
July 6, 2017
The Court of Justice has now ruled on the question whether or not a relaunch on the basis of a pre-pack constitutes a transfer of an undertaking. These proceedings were commenced by trade union FNV and the employees of childcare organisation Estro. On the same day Estro was declared insolvent, ... Read More »
Possibly ‘Google light’ in Europe thanks to questions from French Conseil d’État on privacy law and the right to be forgotten
July 4, 2017
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 »
From 1 July 2017, Cloud providers and other IT suppliers are obliged to pass on client records to the receiver in the event of bankruptcy free of charge
July 3, 2017
Over 3 years ago, the government launched a bill to strengthen the position of the receiver. I previously wrote a blog on this bill and the consequences it has for IT suppliers. The bill has in the meantime reached the finishing line virtually unscathed and will come into force on ... Read More »
New ICC arbitration rules
June 29, 2017
The International Chamber of Commerce (ICC) has amended arbitration rules as of March 2017. The most important change is the introduction of an accelerated arbitral procedure, referred to as the ‘expedited procedure’. A few comments on this are given below. The ICC’s website contains more information about the recent changes ... Read More »
Interpretation of a letter: has the buyer invoked the financing arrangement clause?
June 26, 2017
Disputes on the interpretation of agreements are a regular occurrence. See my previous contributions (1, 2) on this topic. In a recent ruling by the Supreme Court, another interpretation issue was the focus of attention. In brief, in this case the Court had to determine how a letter between business ... Read More »
Satisfaction with personal injury claims handling
June 22, 2017
Recently, outgoing minister Blok (Safety and Justice) answered Parliamentary Questions by member Van Nispen (SP) on the stance of insurance companies to personal injury claims. In his answers, the minister referred to the Code of Conduct for Handling Personal Injury Claims [Gedragscode Behandeling Letselschade (GBL)] and indicated that it functions ... Read More »