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BANKING AND FINANCE

Duty of Care of Banks Towards Third Parties, Help For Practice
What efforts may be expected of banks in order to prevent that third parties become the victim of ‘Ponzi's swindle’ by using regular payment accounts? What is the exact reach of the duty of care of banks towards third parties and when does a duty to investigate arise for the bank? read on..

EMPLOYMENT

Amendment of the Collective Redundancy Notification Act
On 1 March 2012 the Collective Redundancy Notification Act will be amended. What will change for employers? read on..

Employer Has No Case. Excess of 30-Days' Term After Sectoral Committee
If an employer does not obtain the consent of the Works Council for his decision, he may ask the Subdistrict Court, within thirty days of the sectoral committee having given its advice, for permission to go ahead and take this decision still. In the case described in this article, the employer allowed the thirty-days' term to expire, which caused his application to be inadmissible. read on..

Transfer of Undertaking: Permanently Seconded Employees Are Also Transferred
According to established case law, the employees who have a contract of employment with the transferor are automatically transferred to the transferee in the event of a takeover. What happens to the employees who are working with the transferor on a permanent basis, but have employment contracts with another company within the group of companies? read on..

INFORMATION TECHNOLOGY

New Dutch Games of Chance Authority: More Supervision of Games of Chance
As of 1 April 2012 the new Dutch Games of Chance Authority will replace the Netherlands Gaming Control Board (’College van Toezicht op Kansspelen’). An important task will be the issuing of new licenses for games of chance. The introduction of the new Authority will generate more attention to the enforcement of the Dutch Betting and Gaming Act, also because the Games of Chance Authority may impose high administrative penalties. read on..

INTELLECTUAL PROPERTY

Ziggo and XS4ALL Must Block Access to The Pirate Bay
BREIN has been trying for years to attack The Pirate Bay. But The Pirate Bay operates from foreign locations and does not respect the judgments pronounced against it. BREIN has therefore sued the internet providers Ziggo and XS4ALL – successfully. In this article you can read what the Court of The Hague thinks of this. read on..

The Importance of an Explicit Secrecy Clause in Clinical Trials
The European Patent Office has ruled that a patent applicant cannot rely on an implicit obligation of confidentiality for human subjects in a clinical trial. It is necessary to make explicit arrangements; possible ethical objections do not change this. The question is what arrangements need to be made exactly. read on..

MEDIA

Spitsnieuws Wins Case Concerning Expressions of James Sharpe About Term ‘Porn Baron’
In two articles Spitsnieuws jokingly called the former Member of Parliament for the PVV James Sharpe ‘porn baron’ and ‘king of online porn’. Unlike the Court, the Court of Appeal of Amsterdam ruled that there is sufficient factual ground for these qualifications. read on..

IDTV Wins Second Summary Proceedings About Heineken Kidnapping Movie
When a movie is made about a kidnapping, can the kidnappers force the producers to make changes if they think the movie is not true to the facts? That was the question before the Amsterdam Court in the second summary proceedings against the movie De Heineken Ontvoering (The Heineken Kidnapping). read on..

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