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Author Archives: Dirkzwager advocaten & notarissen

Velperweg 1
6824BZ Arnhem
The Netherlands
E: webmaster@dirkzwager.nl
T: +31(0)88 2424 100
F: +31(0)88 2424 111

With offices in Nijmegen and Arnhem and more than 260 staff members, Dirkzwager advocaten & notarissen has specialist legal knowledge in almost every area of the law. Besides up to date knowledge of legislation and case law, it also demonstrates good judgement of character and knowledge of the markets in which our clients operate. We use our knowledge to serve our clients. We also share that knowledge, a feature that distinguishes us and benefits our clients. Clients who are supported by a lawyer with the latest professional knowledge are in a stronger position and need have no concerns. By actively sharing its knowledge, keeping you constantly updated during your case and providing clear explanations, Dirkzwager helps you become wiser. Which means that in future you can identify similar problems sooner and be better prepared, even in the temporary absence of your lawyer. After all, it’s always easier to talk about things you understand.
The European Court of Justice has ruled on unfair commercial practices that took place after consumer agreements were entered into

The European Court of Justice has ruled on unfair commercial practices that took place after consumer agreements were entered into

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 »

Don’t just sign a processor’s agreement, in particular if you are not actually a processor

Don’t just sign a processor’s agreement, in particular if you are not actually a processor

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 »

Claiming compensation from your director (under the articles of association) who is residing abroad? Know which court to go to

Claiming compensation from your director (under the articles of association) who is residing abroad? Know which court to go to

It is well-known that legal proceedings are not constrained by national borders. It is for that reason that within the European Union there are two regulations setting out which court has jurisdiction within the EU in particular cross-border proceedings. In respect of all legal claims brought before 10 January 2015, ... Read More »

Two insurances do not cover water damage – recourse pursuant to Book 7, Section 961 of the Dutch Civil Code unsuccessful

Two insurances do not cover water damage – recourse pursuant to Book 7, Section 961 of the Dutch Civil Code unsuccessful

Water damage at the Erasmus Medical Centre, which occurred after the 2004 refurbishment, was only covered under buildings insurance and not under CAR insurance because the contract documents did not include a maintenance obligation for the main contractor. What was agreed in the dealings between the main contractor and the ... Read More »

House building near an industrial estate: customised regulations, noise policy plan and dynamic reference to parking policy

House building near an industrial estate: customised regulations, noise policy plan and dynamic reference to parking policy

Building houses near an industrial estate is not straightforward. On the one hand, it must be guaranteed that the homes to be built offer a proper quality of life, but, on the other, this may not impede the nearby businesses in their operations. On 14 June 2017, the Administrative Jurisdiction ... Read More »

Possibly ‘Google light’ in Europe thanks to questions from French Conseil d’État on privacy law and the right to be forgotten

Possibly ‘Google light’ in Europe thanks to questions from French Conseil d’État on privacy law and the right to be forgotten

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

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

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 »

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