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On Tuesday 18 September 2018, Budget Day 2018, the Dutch Minister of Finance has published the Tax Plan 2019. Below the most important measures from an international perspective will be outlined. For the larger part, the Tax Plan 2019 contains measures which were already announced in the coalition agreement. In ... Read More »
Category Archives: The Netherlands
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The different types of agreement on the exchange of personal data
July 3, 2018
Many people think each exchange of personal data requires a processor’s agreement to be entered into. In a previous blog I have already explained that this is not the case. What arrangements must then be put in place? In this blog I will be investigating this issue further. Different forms ... Read More »
Facebook page administrator also (partly?) responsible for observing privacy law
June 28, 2018
On 5 June 2018, the Court of Justice of the European Union gave an important ruling on the interpretation of privacy law. The reason for the ruling was a question about Facebook pages, but the judgment is actually relevant for all parties who process personal data. In particular the balanced ... Read More »
Advertisements must state the correct product composition
June 25, 2018
There are many advertisements for consumer products. Not only about price, but also about composition. If the composition of a product is advertised this must be sufficiently precise, so states a recent decision of the Dutch Advertising Code Committee (RCC). Article | 18 June 2018 | Joost Becker The legal ... Read More »
PSD2: Dutch implementation act postponed
June 21, 2018
New and innovative payment services will have to wait a little longer. The Dutch implementation of the Payment Service Directive (PSD2) continues to be postponed. The implementation deadline of 13 January 2018 was not met. Dutch newcomers to the payment market are in danger of missing the boat. What is ... Read More »
Applicants of EU design registrations take note: take action within 12 months
April 24, 2018
A recent high-profile case about Crocs before the General Court of the European Union shows that those who wish to apply for design registration in the EU have to be on their guard. Previous own publications of the design, in this case outside of the EU (in the US), could ... Read More »
Reliance on extraordinary circumstances by air carrier succeeds
April 4, 2018
Passengers are entitled to compensation in case of long delays or cancellation of a flight. European Regulation 261/2004 (hereinafter: the Regulation) determines what amount should be compensated. An air carrier does not have to pay compensation in case extraordinary circumstances occurred and the air carrier could not have prevented these ... Read More »
PSD2, new legislation for innovative payment services
March 14, 2018
Introduction Payment Services Directive 2 (Directive 2015/2366/EU; PSD2) is the revised European payment services directive. PSD2 is intended to modernise the statutory framework, improve payment traffic within Europe, and create space for new and innovative parties entering the market that can contribute to a more effective and transparent manner of ... Read More »
Ruling from the European Court of Justice: per element approach allowed outside tax entity in cross-border situations with the EU
March 13, 2018
The European Court of Justice (“ECJ”) rendered a ruling on 22 February 2018 concerning the Dutch tax concept of “tax entity”. It concerned the application of Section 10a of the Corporation Tax Act 1969 (“Vpb”) in relation to the freedom of establishment that applies in EU law. What is the ... Read More »
Relations on edge: Management Board vs. Supervisory Board
March 2, 2018
ABN Amro’s supervisory board chairman Olga Zoutendijk has indicated that she will retire from her position on 1 July 2018. This decision is related to criticism of her leadership style, according to reports in the media including het Financieele Dagblad. Allegedly, she interfered actively in the decision-making process within the ... Read More »
THE PSEUDO SELF-EMPLOYED PERSON AND (CUMULATION OF) HOLIDAY DAYS
December 21, 2017
On 29 November 2017, the Court of Justice of the EU answered preliminary questions on the accumulation of holiday rights of a pseudo self-employed person. What is special about this judgement is that the Court has ruled that these holiday rights can accumulate unrestrictedly – and therefore do not lapse ... Read More »
Solar energy projects: what to pay attention to?
December 19, 2017
Solar energy is taking off in the Netherlands. An important part of the available subsidy is allocated to solar energy projects. In addition, ever larger projects are being realised. In this article, I will list the most important legal points for attention in respect of these projects. 1. Location Each ... Read More »
Advertisement and law: can you call yourself ‘the best’?
December 14, 2017
Is the slogan ‘The best e-bike is a Stella’ misleading? The Dutch Advertising Code Committee ruled on the television commercial by Stella Fietsen. In this advertisement, famous Dutch presenter Anita Witzier says the following: ‘Dutch-made high quality electrical bikes. Always a good price. E-bike test centres throughout the Netherlands and ... Read More »
Damages for false Google Reviews
November 13, 2017
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 »
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 »