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ADMINISTRATIVE LAW

Number of Shopping Sundays Under Discussion
A political discussion has been going on recently about the number of shopping Sundays. This is apparent from, among other things, the coalition agreement "Working Together, Living Together", which states that the misuse of the provision on tourism in the Trading Hours Act must be counteracted. Furthermore, two bills have been submitted to restrain the number of shopping Sundays. read more

CORPORATE GOVERNANCE

Monitoring Committee Presents Updated Corporate Governance Code
On 10 December 2008 the Monitoring Committee Corporate Governance Code (the "Committee") published an adjusted version of the corporate governance code (the "Code"). The Code applies to all listed companies with their statutory seat in the Netherlands. The renewed Code enters into effect as of the financial year starting on or after 1 January 2009 and replaces the original version effective since 2004, also referred to as the "Code Tabaksblat". This article provides a short elaboration of the main amendments. read more

EMPLOYMENT LAW

The Date on Which Settlement Is Reached
If an employee and an employer wish to terminate the employment agreement by mutual consent, the date on which agreement is reached will be relevant for the question when the unemployment benefit will start. The Subdistrict Court of Amsterdam had to answer the question whether it was necessary that the settlement agreement had to be signed by the parties before the end of the month. read more

Employer's Liability for Traffic Accidents
When cycling from one place of work to another, a female employee takes a fall on the public road, as a result of which she suffers serious damage. She is not insured for this. Is she entitled to compensation of this damage by the employer? read more

CWI Now Called UWV WERKbedrijf
Since 1 January 2009 UWV and CWI have merged. The merger organization will continue within UWV under the name of UWV WERKbedrijf. read more

INTELLECTUAL PROPERTY

No Trademark Right To Lego Bricks
The Court of First Instance has denied Lego's claim to a shape mark. The top view of the well-known Lego brick is technically determined, and is therefore not a valid trademark. The well-known Philips/Remington judgment has been carefully analyzed and interpreted to Lego's disadvantage. read more
 
ECJ Gives Ruling on Database Right
A selection of poems can be a protected database, but if you take such a selection as a starting point to compose another selection of poems, is that infringement? In summary, this is the question the European Court of Justice had to answer in the case of Directmedia Publishing GmbH versus Albert-Ludwigs-Universität Freiburg. read more


Ban on Publication of Adjusted Quote-500 list
Ex parte ban on publication of an adjusted and updated Quote-500 list by competitor Mediamaatjes B.V. on its website. read more


MEDIA


Recent Press Cases Kennedy Van der Laan
During the past weeks, a number of decisions have been rendered in press cases in which Kennedy Van der Laan represented several media. The cases described below concern the reputation of a convicted serial killer, the reputation of a hotel, and the association of a hosting provider with child pornography. read more


PERSONAL DATA PRIVACY


Does Journalistic Use of Public Personal Data Deserve Privacy Protection?
Finnish text-messaging service 'How Much Does My Neighbour Earn' may fall under journalistic exception of the Privacy Directive. read more

Insufficient Security of Electronic Patient Record as a Ground for Compensation
Insufficient security of electronic patient records may constitute a violation of the fundamental right to privacy of Article 8 of the European Convention for the Protection of Human Rights. On 17 July 2008 Finland was ordered to pay compensation in the amount of €33,771.80 to a former employee of a Finnish state hospital, who was also a patient of that hospital. Her medical information had become known to her colleagues and there was a suspicion that knowledge of her disease (AIDS) had been the reason not to renew her contract with that hospital. The hospital was unable to find out who exactly had had access to the medical information of the former employee, because the access to files was not logged down to staff level. read more

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