News

Complying with the confidentiality obligation in employment relationships

Employees have a confidentiality obligation regarding confidential information on the employer’s business operations. It relates to customer base, pricing, bids, all the information that is not publicly available, and in cases where the employer has an interest in protecting the information, for instance because it concerns considerations of competition or reputation.

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Good to know when you are litigating

For those who are involved in or getting involved in litigation, the following aspects are worth knowing. Independent claim unregistered licensee. A manufacturer or trademark proprietor has given a customer a license in order to put products or services on the market using his European Union trademark or design right.

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The growing tensions between the interests of suppliers and resellers in the era of the ‘Omnichannel strategy’

In issue 3 (September 2016) of the “Tijdschrift voor internetrecht” (Magazine for internet law; https://denhollander.info/Internetrecht), Silvie Wertwijn and Tessa de Mönnink have published an article dealing with the growing tensions between the interests of suppliers and of resellers in the era of “omnichannel strategy”. Using the following link you can download and read the full article.

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The latest on hyperlinking

Websites often contain hyperlinks giving access to content elsewhere on the Internet. Can you post such a hyperlink without any risk? Following a recent decision of the European Court of Justice (ECJ), one should tread carefully as hyperlinking may well infringe copyrights.

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Changes to the civil servants’ legal status are in offing

On 8 November 2016, the Upper Chamber of the Dutch Parliament (de Eerste Kamer) passed the bill “normalising the legal status of civil servants”. It aims at simplifying and modernising the administrative legal status. Traditionally – since 1929 – the civil servant´s legal status has been properly taken care of because of the government´s need for an effective civil administration.

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Employee dysfunctioning: How can you prove it?

For some time now, the WWZ (Employment and Social Security Act) has been applicable law, but various parts are still unclear in their application. For example, in a procedure leading to the termination of an employment contract because of – say – dysfunctioning, what evidence should an employer submit?

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Reviewing business case for which advisory reports are obligatory (art. 25 works counsils act – WOR)

In important decisions, the employer has to consult the organisation’s works council (Works Council-OR, Central Works Council-COR, Group Works Council-GOR, etc.). In doing so, a difference of opinion may arise about the business case, whether implementation of the decision is at all feasible and whether it will lead to the intended outcome?

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