Newsletter February 2010
EMPLOYMENT
Cabinet's
Position on Employee Co-Governance
The Cabinet has made eleven proposals to amend the Works
Councils Act.
read on…
Resolution to Dismiss Director May Be
Annulled Due To 'Violation' of Director's Voting Right?
The general meeting of shareholders has resolved outside a
meeting to dismiss a director. The relevant director was informed
of this resolution by telephone. Was the dismissal resolution
passed lawfully? And what are the consequences of a possible
annulment of such a resolution?
read on…
Is a Severance Arrangement a Remuneration
Arrangement within the Meaning of Section 27 of the Works Councils
Act?
The Subdistrict Court of Haarlem had been asked to examine the
question whether a severance arrangement for so-called key officers
could be regarded as a remuneration arrangement, or as an
arrangement regarding dismissal policy within the meaning of
Section 27(1) under c or e of the Works Councils Act, which would
require the consent of the Works Council.
read on…
ENVIRONMENTAL AND CITY
PLANNING
Transitional Law of the Penalty and Appeal for Late
Decisions Act
How does the transitional law of this Act work?
read on...
INFORMATION
TECHNOLOGY
New Rules for Cookies
On 24 November 2009 the European Parliament adopted the telecom
reform package containing an amendment of the rules on the use of
cookies. It is expected that these amendments will be transposed
into Dutch legislation in April 2011. The question is what exactly
will change under the new legislation.
read on…
INTELLECTUAL
PROPERTY
Benelux Office for Intellectual Property: A Community
Trademark Must Be Used in More Than One Member State
In a remarkable decision that was probably provoked
by the Dutch trademarks office Leno Merken B.V., the Benelux Office
for Intellectual Property (the "Office") rejected the
opposition against the Benelux trademark OMEL on the basis of the
Community trademark ONEL.
read on…
Copyright Still Has Its Boundaries: Dutch Supreme Court Confirms
Exclusion of Technology
It seemed that almost anything could be protected by copyright:
conversations, perfume - all was possible. However, there are
actually boundaries to the protection that copyright offers. This
was recently confirmed by the Dutch Supreme Court in a short
judgment in which technology was a key issue.
read on…
MEDIA
MyP2P - Embedding Infringes Copyright
Does it infringe copyright to offer a hyperlink to the
copyright-protected material of a third party? Previous judgments
have shown that this is unlikely; hyperlinking does not qualify as
a communication to the public, but rather as a sort of footnote.
read on...
A Few Kilos of Complaints
Should the Dutch television program 'Kassa' have informed
telecom company Pretium prior to a broadcast that in the program it
would offer State Secretary Heemskerk a 'few kilos of
complaints' about Pretium? And should Kassa report in this
respect that the merits of these complaints were not established?
read on…
PERSONAL DATA PRIVACY
Price History Published by Miljoenhuizen.nl Does Not
Qualify As Personal Data
On 5 January 2010 the Court of Rotterdam found that
data relating to the price history of a house can in principle not
be regarded as personal data.
read on…
PUBLIC
PROCUREMENT
Obligation to Tender for Contracts Not Subject to
Procurement Directives?
It turns out that there is indeed an obligation to tender for
public contracts that are not (fully) subject to the Procurement
Directives.
read on…
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