by Barbara Spliet | 20 September 2022 | Employment law
It used to be quite common – especially in the case of the more expensive courses – for employers to agree with employees that upon termination of the employment contract, the employee would refund (part of) the study costs. As of 1 August 2022, the Transparent and Predictable Employment Conditions Act (Wet transparant en voorspelbare arbeidsvoorwaarden) will severely limit the possibility to recover such costs from the employee.
read more
by Yvette Kouwenberg | 20 September 2022 | Employment law
The possible unlawfulness of evidence is, in principle, secondary to establishing the truth in employment law. The admissibility of evidence was yet again recently raised in another case before the subdistrict court of Haarlem[2] [PA2] (albeit briefly). In the case in question, the employee clocked in with his personal pass after entering work, then logged in on his computer and regularly left work again via an emergency exit (without a pass reader).
read more
by Tessa de Mönnink & Annelies van Zoest | 20 September 2022 | Franchise, Commercial contracts
The Dutch Franchise Act went into effect on January 1, 2021. The Act is mandatory law and franchisors and franchisees were required to conduct themselves in accordance with the Act as of that date. Specific contractual adjustments also had to be implemented immediately in new franchise agreements and renewal agreements. A two-year transition period applies to current franchise agreements. This expires on January 1, 2023. Franchise organizations still have three months to comply with the implementation obligation.
read more
by Yvette Kouwenberg | 7 June 2022 | Employment law
In employment law, unlawfully obtained evidence generally counts as evidence because fact-finding generally outweighs the right to privacy. However, the sub district court of The Hague recently ruled differently. In that particular matter, an employer had secretly recorded a number of telephone conversations of one of its employees working as a sales representative.
read more
by Barbara Spliet | 7 June 2022 | Employment law
In two recent judgments, the question of whether the agreed trainee contract should not be regarded as an employment contract was addressed.
read more
by Tessa de Mönnink | 7 June 2022 | Franchise, Commercial contracts, Distribution & Agency
On 1 July 2017, the Act to amend Book 6 of the Dutch Civil Code in connection with combating unreasonably long payment terms entered into force. This was a private member’s bill regulating that large companies cannot agree on a payment term of more than 60 days in their commercial relationship with SMEs in situations where the large company acts as debtor and the SME acts as creditor
read more
by Micheline Don, Annelies van Zoest & Parker Advocaten | 7 June 2022 | Intellectual Property
Two years ago we already wrote about the portrait of our national Formula 1 hero Max Verstappen. In 2016 delivery supermarket Picnic had posted a video on social media showing a lookalike of Max Verstappen.
read more
by Parker Advocaten | 7 June 2022 | IT & Internet
On 28 May 2022, the implementation Act for modernising consumer protection will enter into force. The Act sees to the implementation of the EU Directive as regards the better enforcement and modernisation of Union consumer protection rules (2019/2161).
read more
by Tessa de Mönnink & Annelies van Zoest | 16 May 2022 | Franchise, Commercial contracts, Distribution & Agency
After a thorough review of the rules from 2010, the European Commission approved the new Vertical Block Exemption Regulation (VBER) and the accompanying new Vertical Guidelines on 10 May 2022. The revised VBER and vertical guidelines will enter into force on 1 June 2022.
read more
by Parker Advocaten | 8 March 2022 | Privacy, IT & Internet
The Dutch Personal Data Authority (AP) is currently investigating two complaints about the use of Google Analytics in the Netherlands. The complaints were filed by the organisation Non of Your Business (NOYB) of privacy activist Max Schrems.
read more
