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ARTICLE · 15 APRIL 2025

Faster Access To Evidence

Global Advertising Lawyers Alliance (GALA)
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Accessing data held by a third party in the Netherlands has become less difficult.

NetherlandsLitigation, Mediation & Arbitration

Accessing data held by a third party in the Netherlands has become less difficult. For example, it is now possible where there are strong indications that the third party is acting unlawfully – even if this has not yet been made entirely plausible. n such cases, it is essential for the aggrieved party to gain access to relevant data held by the (likely) infringing party. Usually, it is broadly clear what is happening. Then there is no need to gather additional evidence to support a claim. But sometimes, the facts are not yet crystal clear. Take, for example, a company that has infringing film files on its server, or that has secretly obtained and started using a trade secret. In such cases, the rights holder wants to know exactly whatis going on.

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