Category Archives: EU

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The ePrivacy Regulation: The Next European Initiative in Data Protection

While many are still digesting the changes brought about by the EU General Data Protection Regulation (GDPR), a new privacy regulation is already on its way. The Regulation Concerning the Respect for Private Life and the Protection of Personal Data in Electronic Communications – in short, the ePrivacy Regulation  – is currently a draft under … Continue Reading

European Law-Based Parental Tort Liability – Also in Civil Tort?

The European Court of Justice ruled on March 14, 2019, that a parent company can in national civil tort proceedings also be held liable for the damage caused by a competition infringement committed by its subsidiary where such parent company (that holds all the shares in the subsidiary) has dissolved its subsidiary but continued the … Continue Reading

LIBOR and “No-Deal” Brexit

One of the consequences of a “no-deal” Brexit would be that the United Kingdom would no longer have access to the European financial market. This would affect LIBOR as a trusted and widely used benchmark. LIBOR vs. EURIBOR Currently, two relevant benchmarks exist in the European Union: LIBOR and EURIBOR. LIBOR stands for “London Interbank … Continue Reading

Modernization of EU Copyright Rules: A Good Idea With Bad Results?

In a period of ongoing modernization of European legislation concerning the European Digital Single Market, the regulation of online copyright is a continuing concern. The proposed new copyright directive (‘the Copyright Directive’) would bring far-reaching changes to European copyright law and has been heavily debated by the member states over the last two years. It … Continue Reading

Thumbs Up for Privacy Shield Implementation, but Ombudsman Must be Appointed by February 28, 2019

The European Commission published its report on the EU-U.S. Privacy Shield on Dec. 19. The report shows that the United States “continues to ensure an adequate level of protection” for personal data transferred under the Privacy Shield from the EU to participating companies in the U.S., noting that the steps taken by U.S. authorities to … Continue Reading

Netherlands Commercial Court Approved by Dutch Senate

On 11 December 2018 the Dutch Senate approved the bill for the establishment of the Netherlands Commercial Court (NCC). The NCC is a separate chamber of the District Court of Amsterdam, specializing in complex international commercial disputes. Proceedings before the NCC will be conducted in English, and judgments will be rendered in English. The NCC … Continue Reading

CJEU Renders Judgment: Taste is Not Protected by Copyright

In August 2018 we published a blog about a case before the Court of Justice of the European Union (the CJEU) concerning the possibility of copyright on taste of a food product. The special advisor of the CJEU, the Advocate General, advised that taste should not be protected by copyright. The main reason for this … Continue Reading

Brexit Consequences for Governing Law and Jurisdiction Clauses

Parties who do cross-border business often declare English law applicable in commercial contracts, accompanied by a jurisdiction clause making the English courts (exclusively) competent to hear claims arising out of the business relationship. In light of Brexit, the question arises what the position of decisions given by the English courts will be in the EU, … Continue Reading

Another Privacy Regulation, but This Time on ‘Non-Personal Data’

The European Union continues to roll out regulations in furtherance of the EU Digital Single Market, a strategy that covers digital marketing, e-commerce, and telecommunications. The GDPR went into force in May 2018, the new ePrivacy Regulation is planned for 2019, and on Friday, 9 November 2018, a new milestone was reached when the Council … Continue Reading

The European Account Preservation Order: A Method for Debt Recovery Throughout the EU

Introduction The rules governing seizure of a cross-border bank account in the EU follow from the EU Regulation establishing a European Account Preservation Order (EAPO). Such Regulation was created to facilitate cross-border debt recovery in civil and commercial matters. Under this seizure procedure, a creditor will be able to obtain an EAPO to freeze funds … Continue Reading

EU and U.S. Legislation on International Data Transfers: Change and Challenges

The European General Data Protection Regulation (GDPR) has brought important changes to the legal grounds for data transfers between the EU and the United States. Simultaneously, a new act in the United States has come into force that also affects data transfers between the United States and the EU. This act, the Clarifying Overseas Use … Continue Reading

Vertical Agreements: Permitted Passive Sales and Public Procurement in the EU

Under EU competition law, it is allowed in most vertical agreements to grant distributors exclusivity for a territory or customer group. Selective distribution is the well-known exception, where no geographic restrictions may be imposed on any level in the selective network. The EU’s Vertical Block Exemption Regulation (VBER) allows suppliers to restrict active sales by … Continue Reading

Dutch Data Protection Authority on the Move: Audit of Dutch Hospitals and Dutch Health Care Insurers

Announcement by Dutch DPA The Dutch Data Protection Authority (Dutch DPA) announced on 21 August 2018 that it has audited 91 hospitals and 33 health care insurers regarding the obligation of these organizations to appoint a data protection officer. This ‘new’ requirement follows from the General Data Protection Regulation (2016/679) (GDPR), which came into force … Continue Reading

Another Interest Deduction Limitation Rule in Dutch Corporate Income Tax Law

As part of global and European initiatives against tax avoidance, all EU member states are required to incorporate the EU Anti-Tax Avoidance Directive (ATAD) into domestic tax law no later than 1 January 2019. ATAD contains a number of rules in the areas of interest deduction, exit taxation, general anti-abuse, and controlled foreign companies. A … Continue Reading
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