Newsletter July 2010
EMPLOYMENT
Explanation Meaning of 26-Weeks Period After Dismissal
Permit From UWV Werkbedrijf
The UWV Werkbedrijf grants employers a dismissal permit on account
of the fact that an employee's position becomes redundant. Can
an employee use temporary workers to do the work of the dismissed
employee within 26 weeks from the dismissal?
read on…
The Right to a Smoke-Free Workplace
Since 1 January 2004 the Tobacco Act guarantees all employees the
right to a smoke-free workplace. Does this ban also apply if a
director smokes in a locked room with a 'no entrance' sign
on his door?
read on…
Unconditional Request for Consent Creates a
Non-Statutory Right to Consent
An employer requests the Works Council's consent to a decision.
Although this consent was not given, the employer subsequently does
implement the projected decision. The employer thinks that this is
allowed because the decision does not fall under the statutory
right to consent. However, is it not so that by requesting consent,
the employer has conferred a non-statutory right to consent?
read on…
CORPORATE
Important Changes to Dutch Corporate Law in 2010
(I)
In December 2009 three bills were adopted by the Dutch Lower House
of Parliament, which are expected to enter into force on 1 January
or 1 July 2011. These are the bills regarding: the simplification
and flexibilization of BV law; the one-tier board; and the
unincorporated association of persons.
read on…
INFORMATION
TECHNOLOGY
Court Rules that Software is Not an Item of Property,
but that Sale Provisions Do Apply
In literature the question has long been debated whether software
is an item of property and whether the provisions of the law of
sale apply to its delivery. A court has now ruled that software is
not an item of property, but that the provisions on sale do apply.
However, the basis for the ruling are meager and also, in our
opinion, mostly incorrect.
read on…
INTELLECTUAL
PROPERTY
Ambush Marketing: Wearing the Dutch Dress Would Be
Permitted in the Netherlands
During the World Cup 2010, Bavaria has caused a great upheaval with
the Dutch Dress. We will discuss the applicable ambush marketing
rules and regulations in South Africa and the rules applicable in
the Netherlands during the World Cup 2018/2022.
read on…
ECJ in Portakabin / Primakabin: use of AdWords can be
trademark infringement
The European Court of Justice ruled on the responsibility of Google
concerning AdWords earlier this year. This decision is about the
use of AdWords by a competitor and reseller. The Court considers
when such online advertising constitutes trademark infringement.
read on…
MEDIA
Court: Order to Remove Unlawful Publication from the
Internet Includes Asking Search Engines to Empty their
Cache
The Alkmaar Court rules that an unlawful publication on the
Internet should also be removed from the cache of search engines.
The defendant is imposed the impossible task of wiping the Internet
clean on pain of a penalty.
read on…
European Court: Conviction of Gossip Magazine for
Publication of Portrait of a Suspect in Violation of the Freedom of
Speech
The European Court of Human Rights has ruled that a
Finnish gossip magazine was wrongfully convicted for publication of
a photograph and personal data of a suspect in a criminal case
concerning a fight in which also a senior government official was
involved. The freedom of speech also protects writing about matters
of general interest in a gossip-like manner.
read on…
PERSONAL DATA
PRIVACY
No Consent, No Cookie: New Rules for Online
Advertising
On 22 June the Article 29 Data Protection Working Party (the
"Working Party"), the consultative body of the European
privacy protection authorities, published an opinion that gives
substance to the amended rules for "online behavioral
advertising". Prior consent is required for the placing of
cookies, and the information requirements are also forced up.
read on…