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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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