News & Analysis as of

Netherlands

DLA Piper

EU: CJEU Confirms That Legitimate Interests Can Cover Purely Commercial Interests

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Introduction - The subject of “legitimate interests” and in particular whether they can be “purely commercial” has been a topic of front and center stage debate in the Netherlands for some time. The Dutch data protection...more

Hogan Lovells

Key Dutch employment law cases and legislative updates for 2024

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As we move through 2024, significant legislative and judicial developments are shaping employment law in the Netherlands. From new compliance requirements for CO2 emissions reporting and changes to employment relationships,...more

Fisher Phillips

Netherlands Imposes Record-Breaking Data Privacy Fine on Uber: 4 Key Steps Companies Can Take to Ensure Compliance

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Dutch data privacy officials recently imposed a staggering penalty on Uber – €290 million ($324 million) – for allegedly breaching the European Union’s comprehensive data privacy and security law. This groundbreaking fine is...more

Hogan Lovells

Dutch DPA’s fine decision suspended by Dutch court amidst “(commercial) legitimate interest-controversy”

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Once again, a Dutch district court has recalled a decision of the Dutch Data Protection Authority (Dutch DPA) for its too strict interpretation that purely commercial interests cannot be legitimate interests under Article...more

Fish & Richardson

Should the Experimental Use Exception Be Broadened?

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On June 28, 2024, the United States Patent and Trademark Office (“USPTO”) requested the public’s views on the current state of the common law experimental use exception to patent infringement and whether legislative action...more

Ius Laboris

Massive fine for Uber of EUR 290 million

Ius Laboris on

On 26 August the Dutch Data Protection Authority (DPA) fined Uber EUR 290 million for a breach of the General Data Protection Regulation (GDPR). Following a number of complaints from French Uber drivers, the DPA found that...more

Littler

2024 Summer Olympics Series: The Netherlands

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Almost a century ago, in 1928, the Olympic Games were held in Amsterdam. Although the Netherlands has not been particularly active when it comes to organizing this major event as it has not organized the Olympics since, Dutch...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

A New Entity Abroad, Part I - Hiring Employees

One of the primary concerns for an organization that wants to start conducting business in a new country must be the laws of the specific country. Employment regulations vary widely from country to country and may be so...more

White & Case LLP

The Government of Georgia defeats an ICC arbitration claim of US$ 1.5 billion at its highest over its termination of an investment...

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On 29 July 2024, an ICC arbitration tribunal, chaired by Stephen Drymer and including Jean Kalicki and Charles Adams as co-arbitrators, issued, by majority, an award in favour of the Government of Georgia in a high-profile...more

Vicente LLP

The Current State of Cannabis Reform and Marijuana Policy in European Union Nations

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I recently traveled to Amsterdam to participate in an expert seminar on European cannabis and drug policy. The seminar covered various topics, including a thought experiment on where European Union (EU) cannabis reform was...more

Ius Laboris

Updates in Dutch Whistleblowing Law

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Starting as of 17 December 2023, the new (more strict) requirements of the Dutch Whistleblower Protection Act regarding internal reporting procedures for whistleblowers now also apply to midsize employers (those with 50-249...more

A&O Shearman

Netherlands - The Dutch Data Protection Authority publishes guidance on facial recognition (May 2 2024)

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On May 2 2024, the Dutch data protection supervisory authority (the Dutch DPA) published guidance on the processing of personal data when using facial recognition....more

Hogan Lovells

Dutch DPA issues guidelines on data scraping

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On 1 May 2024, the Dutch Data Protection Authority (DPA) issued guidelines on data scraping used by private organisations in relation to GDPR principles including ‘lawfulness’. The guidelines could affect the way GenAI...more

Barnea Jaffa Lande & Co.

The Netherlands: New Data Scraping Guidelines

The Dutch Data Protection Authority (AP) has recently issued new guidance on data scraping. The guide highlights the significant legal risks it poses to personal data and the restrictions required under the GDPR....more

Hogan Lovells

Scrutiny on health care professional transparency and inducement in the Netherlands

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On 8 April 2024, the Dutch Minister of Medical Care sent a letter to Dutch Parliament (in Dutch: “Tweede Kamer”) regarding interactions between life sciences companies and health care professionals highlighting the need for...more

Jones Day

Class Actions Worldview: A Study of Trends Around the Globe, Part IV China, Japan, Belgium, The Netherlands, And England And Wales...

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Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more

Littler

Pay During Illness in the Netherlands: More Money for Employees Who Partially Return to Work?

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Many employers in the Netherlands will recognize this scenario: an employee has been ill for some time and, on the advice of the occupational physician or occupational health and safety service, carefully begins to return to...more

American Conference Institute (ACI)

[Event] 5th Annual European Forum on Global FDI Reviews - June 11th - 12th, Ixelles, Belgium

Hosted by C5 Group, the 5th Annual European Forum on Global FDI Reviews returns for another exciting year with curated programming that provide sessions on the most pressing issues coming across your desk and strategic...more

Akin Gump Strauss Hauer & Feld LLP

International Unilateral Export Controls—An Increased Focus on Advanced Technologies

On 11 March 2024, the UK expanded its export control regime to include new controls on specific emerging technologies, such as quantum computing, semiconductor technologies and additive manufacturing, under The Export Control...more

A&O Shearman

Nuclear energy: ambitious plans, complex challenges in the Netherlands and abroad

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The Dutch government recently announced its intention to build four new nuclear power plants by 2040, as part of its strategy to achieve climate neutrality by 2050 and reduce its dependence on natural gas imports....more

International Lawyers Network

Establishing a Business Entity in the Netherlands (Updated)

TYPES OF BUSINESS ENTITIES - In the Netherlands, there is a distinction between entities which qualify as legal entities (‘rechtspersonen’) and partnerships (‘personenvennootschappen’) which do not. Legal entities are...more

Littler

Overview of the New Proposed Rules on Non-Compete Clauses in the Netherlands

Littler on

For years there has been much discussion in the Netherlands about the non-compete clause, which also includes the non-solicitation clause. These clauses were often included in employment contracts, restricting employees’...more

Barnea Jaffa Lande & Co.

Dutch Data Protection Authority Fines Uber

Authorities opened an investigation after Uber drivers in France sent complaints to the French privacy protection commission, the CNIL. The CNIL transferred the handling of the complaints to the Dutch Data Protection...more

White & Case LLP

Information regarding the antidumping and countervailing duty petitions on Melamine from Germany, India, Japan, the Netherlands,...

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The Petition - On February 14, 2024, Cornerstone Chemical Company ("Petitioner") filed an antidumping duty ("ADD") petition on imports of melamine from Germany, India, Japan, the Netherlands, Qatar, and Trinidad and Tobago...more

Ius Laboris

New Year, new changes to HR rules in the Netherlands

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Employers in the Netherlands should be aware that in addition to previously announced (expected) legislative changes, the following rules in the HR field have come into effect as of 1 January 2024....more

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