Newsletter March 2010
EMPLOYMENT
A manifestly unreasonable decision?
If an employer gives the Works Council the
opportunity to advise, the Works Council also has the right to
appeal if its advice is not followed. The Enterprise Section has
recently denied a request to this effect because of the connection
with a decision in principle that had been taken earlier.
read on…
Rescission During the Notice Period Possible in
Exceptional Cases
If an employer gives notice of termination of the employment
agreement with the permission of the UWV Werkbedrijf, he does not
have to pay a severance payment. After termination the
employee's only remedy is to start so-called manifestly
unreasonable dismissal proceedings. However, can the employee still
obtain a severance payment from the Subdistrict Court by starting
termination proceedings himself during the notice period?
read on…
Consent to a Change of Employment Conditions
Is the unambiguous consent of employees needed for
a change or termination of a pension scheme?
read on…
INTELLECTUAL
PROPERTY
Copyright Law Restriction Not Applicable to News
Reports
In this judgment the Court has confirmed that the copyright law
restriction on taking over articles prepared by daily newspapers
and weeklies does not only apply to short news reports on facts,
but to all news reports. European harmonization of (a part
of) copyright law has not changed this.
read on…
Trademark Protection of Slogans Easier
Audi's advertising slogan Vorsprung durch Technik protected or
not?
read on…
MEDIA
After Commitments Commission Accepts Funding Scheme for
Public Service Broadcasters
The Dutch government and the European Commission have negotiated
lengthily about the funding of the Dutch public service
broadcasters. The Commission has agreed to the Dutch scheme after
the public service remit has been substantiated and the
possibilities for public service broadcasters to offer new media
services has been restricted.
read on…
PERSONAL DATA
PRIVACY
The Article 29 Data Protection Working Party shows us
the way; interpretation of the concepts of controller and processor
Because of the high abstraction level of the
current privacy regulations, such as the Personal Data Protection
Act, it cannot always be determined very cleary who the
'controller' for data processing is. If not one but various
parties are involved in the data processing, it even becomes harder
to clearly qualify all these parties in a legal sense. This is why
the Article 29 Data Protection Working Party deemed it necessary to
publish an Opinion in which it further explains two key concepts,
'controller' and 'processor', by means of practical
examples.
read on…
PUBLIC
PROCUREMENT
The WIRA Has Entered Into Force
On 19 February 2010 the Implementation of Judicial Protection
Public Procurement Directives Act entered into force. The Minister
still has to dot an i and cross a t.
read on…
SPORTS AND
LAW
Liability Tournament Leaders of a Karting Race
This judgment of the Court of Appeal of The Hague of 19 January
2010 emphasizes that sports organizers cannot escape liability just
like that by using an exemption clause. In addition, organizers of
sports contests and sports trainings will have to take sufficient
safety measures when organizing such events.
read on…
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