Newsletter October 2011
BANKING AND FINANCE
Payment Service Providers and Payment Service Agents Take
Care: Wwft Scope Has Been Extended!
Since 1 July 2011 all payment service providers and payment service
agents fall within the scope of the Dutch Act on the Prevention of
Money Laundering and Financing of Terrorism (Wet ter voorkoming van
witwassen en financieren van terrorisme (the “Wwft”)). What does
this mean for their business operations, especially in the field of
compliance?
read on..
CIVIL SERVANTS LAW
The Public Sector Too Should Respect Seniority in a Transfer
of Undertaking
A deprivatization may prove more expensive than initially foreseen.
This is the result of a recent judgment of the European Court of
Justice, which ruled that the employee’s seniority with the
transferor should be respected by the transferee when determining
the level of remuneration.
read on..
CORPORATE
Reduction of Reporting and Documentation Requirements and
Alternative Disclosure in Mergers and Divisions
On 1 July 2011, for purposes of implementing some European
Directives, various procedural rules in Book 2 of the Dutch Civil
Code relating to mergers and divisions of legal entities have been
amended. As a result of these law amendments, a number of reporting
requirements that apply in the case of certain mergers and
divisions have been abolished and, if all shareholders agree, the
opportunity is offered to waive certain reporting requirements in
the case of mergers and divisions.
read on..
CORPORATE LITIGATION
Bill to Review the Right to Institute an Inquiry; Improved
Position of Legal Persons
The right to institute an inquiry is an important legal tool in the
Netherlands for the resolution of disputes within a company. In
early September, the Bill to Review the Right to Institute an
Inquiry was submitted to the Lower House of Parliament with the
purpose of improving this right. In this bill, the position of the
legal persons, among other things, is strengthened considerably.
read on..
EMPLOYMENT
Application for Substitute Consent Because Of Refusal of
Consent of the Works Council
Privacy is always a sensitive issue and has recently led to a
dispute again between a Works Council and a director.
read on..
Bill to Reinforce Position of Temporary Workers
The purpose of this bill is to make the position of temporary
workers equivalent to that of employees in a number of respects.
This is not only about remunerations (such as the salary), but also
about working times, number of holidays, and access to facilities
like childcare, for example.
read on..
INTELLECTUAL PROPERTY
Another Adwords judgment of the European Court of Justice
Is the registration of Google Adwords consisting of a competitor’s
trademark allowed?
read on..
MEDIA
RVD Extends Media Code: Linking to Private Photographs of
Members of Royal Family Is Unlawful
The RVD warns journalists that linking to unauthorized private
photographs of members of the Royal Family is unlawful, unless it
contributes to a public debate of general interest. By sending this
e-mail, the RVD is trying to restrict journalists in the
performance of their trade, while circumventing the law.
read on..
PUBLIC PROCUREMENT
Private Tenders: the End of the Freedom of Contract?
In the pre-contractual phase private parties enjoy considerable
freedom of contract, which is basically only limited by the
legitimate interests of the other party. In principle, public
organizations that are regarded as contracting authorities do not
have this freedom, since the pre-contractual phase was set out for
them in detail in the European procurement directives and in Dutch
national law (BAO and BASS).
read on..