Newsletter October 2009
BANKING AND
FINANCE
Banks will introduce Code of Conduct as of 1 January 2010
On 9 September the Board of the Netherlands
Bankers' Association ("NVB") adopted the Banks Code
(the "Code"). The Code is a form of self-regulation that
will, however, be enshrined in the law (according to the
"apply or explain" principle) as of 2010. The focal
points of the principles in this banking code are the reinforcement
of governance within banks, risk management, audit and
remunerations policy (read: bonus policy).
read more
EMPLOYMENT
People Aged 65 and Over and the Continue-To-Work CAO.
Age Discrimination?
The Association of Continue-To-Work Employers and the union LBV
have concluded a Continue-To-Work CAO, a collective bargaining
agreement that only relates to employers who employ employees aged
65 and over. Is there age discrimination?
read more
Non-Competition Clause Not Mentioned in Settlement
Agreement - Has It Lapsed?
The employment agreement of an employee contained a non-competition
clause. However, the settlement agreement that was concluded on the
termination of the employment agreement contained only a
confidentiality clause. Can an employer still rely on the
non-competition clause in the employment agreement?
read more
Extended Possibility to Offer Young People a Fixed Term
Employment Contract
Cabinet intends to make a temporary amendment to Section 7:668a of
the Dutch Civil Code because of the current economic crisis, in
order to make it possible for employers to keep young people under
the age of 27 employed for a longer fixed period of time.
read more
INTELLECTUAL
PROPERTY
Easier to demonstrate a Community Trademark is
Well-Known
Good news for European trademark holders: this judgment of the
European Court of Justice makes it easier to rely on the wider
scope of protection of a well-known Community trademark.
read more
MEDIA
Attack Journalism in Tros Program Opgelicht?!
May the media express accusations without them
"having been proven in court"? And may a person oppose
the broadcast of the images if he was attacked with a rolling
camera?
read more
Listener's Contribution not Attributed to the
Wereldomroep
Is the editorial staff of a radio program liable
for the contents of a text message of a listener that was read
aloud during the broadcast? This was the question at issue in the
case between carrier Vermaas and the Wereldomroep (Radio
Netherlands Worldwide).
read more
PERSONAL DATA
PRIVACY
Nationwide Registration of Debts System Abandoned
Sloppy payers can heave a sigh of relief: for the
time being, the nationwide registration of debts system
("LIS") is off. The Dutch Data Protection Authority
("the Dutch DPA") has stated twice in an opinion that the
projected manner in which this system would be processing personal
data conflicts with the Dutch Personal Data Protection Act (Wet
bescherming persoonsgegevens ("Wbp")). The foundation
Stichting LIS that is responsible for setting up this system has
stopped its activities as a result of this advice.
read more
REAL ESTATE and
CONSTRUCTION LAW
Squatters's Protected Right of Occupancy and Right
to Inviolability of the Home!
The Dutch Supreme Court has ruled that current legislation does not
contain any provision that justifies the violation of the protected
right of occupancy and right to inviolability of the home, to which
squatters of a building that had not been vacant for a year yet are
entitled.
read more