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Articles contributed by Kennedy Van der Laan

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New Late Payments Directive

March 2012 - Corporate & Commercial. Legal Developments by Kennedy Van der Laan.

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Despite the implementation of Directive 2000/35/EC on combating late payment in commercial transactions in 2002, the European Commission (the “Commission”) concluded in 2008 that late payments were still widespread in the EU. It also turned out that public authorities in certain Member States were stipulating unjustifiably long contractual payment periods for transactions.

Amendment of the Collective Redundancy Notification Act

March 2012 - Employment. Legal Developments by Kennedy Van der Laan.

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On 1 March 2012 the Collective Redundancy Notification Act (Wet Melding Collective Outslug, "WACO") will be amended. What changes does this involve?

New Corporate Law Legislation

March 2012 - Corporate & Commercial. Legal Developments by Kennedy Van der Laan.

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In the field of corporate law, there are four (coming) Acts that attract attention, namely the introduction of the tenth book of the Dutch Civil Code, the amendment of the Marital Property Act and, to conclude, the coming entry into effect of the Management and Supervision Act and the Flexibilization of BV Act. Please find below a short explanation of each Act.

AdWord Tempur Trade Mark Infringement or Permitted Comparative Advertising?

February 2011 - Intellectual Property. Legal Developments by Kennedy Van der Laan.

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In the past few years, Google AdWords have caused quite an upheaval in trade mark law. The two highlights Google / Louis Vuitton and Portakabin/Primakabin have been discussed before. Other important judgments were rendered in the Die BergSpechte and Eis.de cases.

Regulation on Restrained Remuneration Policies Dutch Financial Supervision Act 2011

February 2011 - Finance. Legal Developments by Kennedy Van der Laan.

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As a result of the CRD III Directive, the Decree on Restrained Remuneration Policies (the “Decree”) entered into effect on 1 January 2011. Pursuant to the Decree, a new Section 23f is added to the Prudential Rules Financial Supervision Act Decree, amongst other things.

Election of "Footballer of the Year" - An Unfair Commercial Practice?

December 2010 - Litigation & Dispute Resolution. Legal Developments by Kennedy Van der Laan.

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At the end of December 2007 the Austrian newspaper Österreich organized an election of the “Footballer of the Year”. The public could participate in this election by internet or by means of a voting slip appearing in the newspaper.

Implementation of New European Framework in Telecommunications Act

December 2010 - TMT ( Technology, Media & Telecoms). Legal Developments by Kennedy Van der Laan.

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More Obligations for Electronic Communication Providers by Implementation of New European Framework in Telecommunications Act

Are New Model Clauses a Relief for Practice?

December 2010 - Employment. Legal Developments by Kennedy Van der Laan.

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FAQs in order to address some issues raised by the entry into force of the EU Commission Decision 210/87/EU of 5 February 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC

New Rules for Tacit Extension and Termination of Consumer Contracts

December 2010 - Employment. Legal Developments by Kennedy Van der Laan.

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In an earlier edition of this Newsletter, Christoph Jeloschek wrote about the bill for tacit extension and termination of consumer contracts (no. 30520). On 5 October 2010 the Dutch Senate agreed to this bill, which means that this bill will enter into effect shortly.

No Consent, No Cookie: New Rules for Online Advertising

July 2010 - Corporate & Commercial. Legal Developments by Kennedy Van der Laan.

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On 22 June the Article 29 Data Protection Working Party (the “Working Party”), the consultative body of the European privacy protection authorities, published an opinion that gives substance to the amended rules for “online behavioral advertising”. Prior consent is required for the placing of cookies, and the information requirements are also forced up.

Use of AdWords can be trademark infringement

July 2010 - Intellectual Property. Legal Developments by Kennedy Van der Laan.

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The European Court of Justice ruled on the responsibility of Google concerning AdWords earlier this year. This decision is about the use of AdWords by a competitor and reseller. The Court considers when such online advertising constitutes trademark infringement.

OECD Guidelines on Corporate Governance of State Owned Enterprises

February 2009 - Corporate & Commercial. Legal Developments by Kennedy Van der Laan.

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This article refers in general terms to the OECD Guidelines on Corporate Governance of State Owned Enterprises and provides an overview of the work of the OECD in the field of corporate governance of state owned enterprises.