Legal knowledge portal Sharing legal knowledge together
A Day Nursery has successfully claimed damages for false Google Reviews. Cost, including legal costs, must also be paid. False reviews The Day Nursery asserted that a certain N. had placed reviews (Google Reviews) using aliases. It concerned the placement and adjustment of negative reviews relating to the Day Nursery. ... Read More »
Category Archives: The Netherlands
Feed Subscription<
by: 
The Netherlands Enterprise Court at the Amsterdam Court of Appeal blocks sale of shares
October 30, 2017
A recent ruling from the Amsterdam Court of Appeal (ECLI:NL:GHAMS:2017:4123) shows once again how important it is to involve the Works Council in a sales process and provide it with sufficient information in connection with its right to be consulted on the basis of the Works Councils Act (‘WOR’). The ... Read More »
Supreme Court: camera images normally do not contain ethnicity data
October 13, 2017
The Supreme Court has, by means of a section 81 Judiciary (Organization) Act [Wet op de rechterlijke organisatie – RO] decision, ruled on 27 June 2017 (implicitly) that the processing of camera images does not imply processing of “ethnicity data”. Handing over of debit card transaction images In the context ... Read More »
Costs of registering a trademark or design
October 9, 2017
Having a trademark or design is essential for the proper protection of a company’s products and services. The number of companies registering a tradename or design remains large. The new fees for registering a trademark or design have recently been published. Trademark A trademark is a mark used to distinguish ... Read More »
Car advertising still under scrutiny from the Dutch Advertising Code Committee
September 14, 2017
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
September 12, 2017
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 »
Trade with sanctioned countries
August 24, 2017
In principle, you are free to trade with whomever and in whatever you wish. However, there are particular (in principle legal) transactions with specific countries and/or persons that are prohibited on the basis of a sanction. An example of this is the recently announced restriction by the EU of the ... Read More »
The European Court of Justice has ruled on unfair commercial practices that took place after consumer agreements were entered into
August 21, 2017
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
August 9, 2017
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
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 »