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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 »
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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 »
Football Practice
October 2, 2017
In Elias v. Davis & Edwards, Elias, a 16-year-old high school student in the North Kansas City Missouri School District played varsity football. Edwards and Davis were coaches. In October, 2010, the two coaches decided to have a full-grown adult dress out in full football gear including helmet and padding ... Read More »
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Risky Business – Skilled Nursing Facilities Under Attack
September 29, 2017
Have you ever read a brochure for a resort, college, or apartment complex and expected everything it said to be completely and totally accurate without any caveats? In the Commonwealth of Pennsylvania, a chain skilled nursing facility is under attack for representations it made in its marketing materials. In July ... Read More »
Equifax Data Breach: What You Should Do Now
September 28, 2017
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 »
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 »
Novelization of the Czech Employment Act 2017 – part two
September 1, 2017
In part two of this article we pay attention to further changes brought by the novelization of the Employment Act, i.e. the Act No. 206/2017 Coll., by which the Act No. 435/2004 Coll., the Employment Act (“the EA”), is amended, and which became effective in the Czech Republic as of ... Read More »
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Novelization of the Czech Employment Act 2017 – part one
August 31, 2017
This article is devoted to the novelization of the Czech Employment Act, i.e. the Act No. 206/2017 Coll., by which the Act No. 435/2004 Coll., the Employment Act („the EA“), is amended, and which became effective in the Czech Republic as of 29th July 2017. The most important changes, introduced ... 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 »
Computer Programmers and the H-1B Visa
August 22, 2017
The H-1B visa is designed to be for professional, “specialty” occupations. Specialty occupations require the “theoretical and practical application of a body of highly specialized knowledge,” and require the attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into 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 »
Alphabet Soup – Changes to the Affordable Care Act
August 18, 2017
With the new Trump administration and Republican control of Congress, there has been a lot of discussion about eliminating the Affordable Care Act and replacing it with a different set of rules. Legislation has passed the House but not the Senate, and it appears that legislative changes are going to ... 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 »
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 »
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