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New Corporate Governance Code – the most important changes

New Corporate Governance Code – the most important changes

On 8 December 2016, the Corporate Governance Code Monitoring Committee (the ‘Committee’), published the revised Corporate Governance Code (the ‘Code’). The most important changes relate to the focus on long-term value creation and the introduction of culture as an element of good corporate governance. The Code has also been simplified ... Read More »

Advertising rules for vloggers, influencers and human to human advertisement

Advertising rules for vloggers, influencers and human to human advertisement

It has been nearly 3 years since the Social Media Advertising Code was introduced. The code contains advertising rules for vloggers, influencers and human to human advertisements. Payment for content? According to the Dutch Advertising Code Foundation, it is sometimes unclear for consumers that companies pay for messages, blogs and ... Read More »

District Court Rotterdam confirms the ACM’s doctrine of imputability with investment funds

District Court Rotterdam confirms the ACM’s doctrine of imputability with investment funds

In his contribution to our knowledge pages, my colleague Sjaak van de Heul previously informed us that the ACM (Netherlands Authority for Consumers and Markets) had fined [ii] investment funds (investment firms or private equity) for breaches of the cartel prohibition by companies (flour producers) that were (indirectly) held by ... Read More »

No transition payment for those who are AOW-entitled; possible age discrimination?

No transition payment for those who are AOW-entitled; possible age discrimination?

On termination of an employment relationship having lasted longer than 24 months, the employee is in principle entitled to a transition payment. If the employee has reached state pension age (AOW-entitled), he or she is in principle not entitled to the transition payment on termination. The question is whether this ... Read More »

Dutch civil-law notary cannot execute a deed under German law

Dutch civil-law notary cannot execute a deed under German law

On the basis of two rulings by the German Bundesgerichtshof from 1981 and 1989, the belief arose that deeds under German law can be executed by civil-law notaries not practising in Germany. In particular, it would be possible to transfer shares in German companies or incorporate legal entities under German ... Read More »

Online traders take note: the EU Commission’s online dispute resolution platform

Online traders take note: the EU Commission’s online dispute resolution platform

Online dispute resolution platform Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes has directly applied in all EU Member States, including Germany, since January 2016. The Regulation applies only to online trade with consumers by companies headquartered in Europe (i.e. not in Switzerland, China or the USA). ... Read More »

There is no penalty for not having a processor’s agreement

There is no penalty for not having a processor’s agreement

Since January, under certain conditions, substantial penalties can be imposed for breaching the Personal Data Protection Act [Wet bescherming persoonsgegevens (Wbp)]. The duty to report data breaches has also been in force since that time. This means that existing processor’s agreements had to/must be amended. Some people are now however ... Read More »

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