Newsletter May 2011
BANKING AND
FINANCE
Bill to Implement the Consumer Credit Directive
Adopted
In the Newsletter of January we already reported about the
consequences of the implementation of the Consumer Credit Directive
in the Netherlands. On 17 May 2011, the Bill to implement this
Directive was adopted by the Dutch Senate.
read on..
CORPORATE
Incorporating a BV and NV Made More Simple as of 1 July
2011
Because of the abolishment of the certificate of no objection, as
of 1 July 2011 BVs and NV’s can be incorporated in a more swift and
simple manner. Amendments of the Articles of Association will no
longer require such a certificate either. The preventive
supervision is replaced by a system of permanent control of legal
entities for possible abuse.
read on..
EMPLOYMENT
Suspension and Ceasing to Pay Wages During Illness; an
Important Difference
During illness, the salary must be continued to be paid entirely or
partially. If an employee does not comply with the rules concerning
illness, the obligation to pay may be ended. The payment of salary
may be suspended or ceased, depending on the situation. It is
important to make a proper distinction: using the wrong terminology
may have far-reaching consequences.
read on..
Do Provisions of a Former CAO Have an Effect on the
Employees Involved When Another Minimum CAO Has Become
Applicable?
The law does not provide anything on how to deal with employment
conditions from a Collective Bargaining Agreement ("CAO")
after this CAO has ended. It was always assumed in practice that
these employment conditions would end when a new CAO would enter
into effect, and that the latter would 'replace" the old
employment conditions. The Dutch Supreme Court has now given this
short shrift.
read on..
Proposed Amendment of the Collective Redundancy
Notification Act
With the bill Amendment of the Collective
Redundancy Notification Act, the question of whether a notification
of a collective redundancy (dismissal of 20 or more employees
within a timeframe of three months) must take place is separated
from the route of dismissal which the employer wants to follow.
This is meant to ensure better compliance with the duty to notify.
read on..
INTELLECTUAL
PROPERTY
Belgian Court of Appeal: Google News in Conflict with
Copyright
Is Google allowed to copy parts of online newspaper articles in
news summaries just like that? Recently, the Brussels Court of
Appeal has rendered a judgment in this case.
read on..
MEDIA
Max Mosley loses case before the ECHR – no
pre-notification right for privacy victims
Sex tape victim Max Mosley fails to stretch privacy law before the
European Court of Human Rights.
read on..
Legal Review Plesner / Louis Vuitton judgment: Artistic
Freedom vs Intellectual Property Rights
Artist Nadia Plesner used a look-a-like Louis Vuitton bag in a
painting, in order to raise awareness for the situation in Darfur.
Louis Vuitton opposed this use, relying on its design rights. Do
the design rights of Louis Vuitton prevail over Plesner’s right on
artistic freedom?
read on..
PERSONAL DATA
PRIVACY
The Dutch DPA Is Barking At Google But Is Not Biting
Yet
On 19 April 2011 the Dutch Data Protection Authority decided to
impose an order for incremental penalty payments on Google for the
violation of the Personal Data Protection Act when collecting data
about and from WiFi networks. The CBP Is Barking At Google But
Fails to Bite.
read on..
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