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On September 7, 2017, Equifax announced that it had experienced a cybersecurity breach impacting approximately 143 million people. It appears that the unauthorized access occurred mid-May through July 2017. If a credit report was run on you prior to, or during the breach, then your information was probably exposed by ... Read More »
Category Archives: IP-IT law
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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 »
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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 »
Trademark Protection for Medical Practices and Hospitals
August 8, 2017
University hospitals, hospitals, and medical practitioners in community practices are increasingly concerned with their own placement in the market. If they want to act economically, it is necessary to sell not only the necessary medical care, but also additional offerings, which are often common in wellness treatment centers. Hospitals, medical ... Read More »
Design Protection in Russia – Time for a Portfolio Check
July 24, 2017
With the accession of Russia to the Hague Agreement Concerning the International Registration of Industrial Designs, protection of designs in Russia will soon be possible with relatively little effort. For companies that are already active in the region or consider entering that market, this provides an attractive opportunity to expand ... Read More »
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by: Buse Heberer Fromm
in Germany, IP-IT law
Spain: Publication of the draft Personal Data Protection Law to replace the Personal Data Protection Law 15/1999
July 21, 2017
The Ministry of Justice has published the draft Personal Data Protection Law to replace Personal Data Protection Law 15/1999 (LOPD, its Spanish acronym) in order to adapt the Spanish regulations to the General Data Protection Regulation 2016/679 (GDPR), passed by the European Union on April 2016. This draft is submitted ... Read More »
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by: Adarve Abogados SLP
in Data Privacy, IP-IT law, Spain
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 »
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 »
Portrait rights around the bend; Max Verstappen lookalike not punished
June 20, 2017
Max Verstappen has been unable to levy an attachment in connection with a promotional film by online delivery service Picnic. It shows a lookalike of him, re-enacting the Jumbo advertisement. He demanded 350,000 euros. The attachment was also requested up to this amount. The Appeal Court of Amsterdam rejected this. ... Read More »
To what extent are companies allowed to imitate products? A new general ruling from the Dutch Supreme Court
May 26, 2017
In the Netherlands, all products and their packaging, in some circumstances, are in principle protected against ‘slavish’ imitation. Now, the Dutch Supreme Court has explained – in a case involving jewellery – which conditions the claimant must meet if he wants claim this type of protection successfully. Criteria for slavish ... Read More »
Do you have to part company with your IT provider after a data leak? And is it even possible?
May 24, 2017
After you’ve had a serious data leak at your IT provider, you have to evaluate the issue. In the process, the question of whether your data is still in safe hands at that provider will be raised. You’ll be wondering whether it’s possible to get out of the contract that ... Read More »
Advertising rules for vloggers, influencers and human to human advertisement
February 27, 2017
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 »
New responsibilities in personal data processing
February 17, 2017
The General Data Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, hereinafter “the Regulation”) aims at marking a turning point for several aspects of data protection in the European Union, among which we can stress out the liability of companies processing personal ... Read More »
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by: Adarve Abogados SLP
in IP-IT law, Spain
Does your Export Plan Take into Consideration Intellectual Property Protection?
February 3, 2017
Deciding when to take a product or service to a foreign market is a difficult decision. The perceived opportunities presented by the latest hot market can be tempting for a company wanting to grow. However, exporting is not without risks and challenges. Many companies expand too early without an adequate ... Read More »
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by: USLAW
in IP-IT law, United States of America