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Advertising is part and parcel of our daily lives. Not just because we are exposed to it all over the place on a daily basis, but also because traders spend a lot of time reflecting on how best to market their own business. There are, however, legal boundaries in place ... Read More »
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New legislation regarding compensation for damages in competition law – part two
October 17, 2017
In part two of this article we focus on further aspects of new legislation introduced by the new Act No. 262/2017 Coll., on compensation for damages connected with competition law, which became effective in the Czech Republic as of 1st September 2017. Presumption of damage caused by a cartel The ... Read More »
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New legislation regarding compensation for damages in competition law – part one
October 16, 2017
As of 1st September 2017 the new Act No. 262/2017 Coll., on compensation for damages connected with competition law, became effective in the Czech Republic. The new Act implements the Directive 2014/104/EU1 (the implementation period elapsed on 26th December 2016!) aimed to unify fundamental principles of enforcement of compensation of ... 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 »
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 »
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 »