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  • Article

    MiFID II And MiFIR: New Rules On Markets In Financial Instruments

    On 20 October 2011, the European Commission published two proposals, one calling for an amendment ("MiFID II") to the Markets in Financial Instruments Directive ("MiFID") and another for the adoption of a new regulation (known as "MiFIR").
    BelgiumFinance and Banking
    NautaDutilh
    NautaDutilh
  • Article

    MiFID II / MiFIR

    On 20 October 2011, the European Commission published proposals for "MiFID II". In November 2007, the rules implementing the Markets in Financial Instruments Directive ("MiFID") came into force in the Netherlands.
    NetherlandsCorporate/Commercial Law
    NautaDutilh
    NautaDutilh
  • Article

    EPO Guidance On Software Patents: The "Interaction" Test And Other Popular Fallacies

    In the continuing search for clarification of the patentability and inventive step criteria for computer implemented inventions, a Technical Board of Appeal of the EPO has used surprisingly clear wording to stop computer implemented inventions from expanding into the realm of functional, business method type claims.
    European UnionIntellectual Property
    NautaDutilh
    NautaDutilh
  • Article

    Luxembourg Collateral Act Remains Favourable To Creditors: Insolvency Protection Of Creditors And Collateral Takers According To The Laws Of Luxembourg

    The Act of May 20 2011 implements EU Directive 2009/44/EC (amending the EU Settlement Finality Directive and the EU Collateral Directive), and amends the Collateral Act of August 5 2005.
    LuxembourgCorporate/Commercial Law
    NautaDutilh
    NautaDutilh
  • Article

    The European Commission's Proposal For The Review Of EU Data Protection Rules In A Nutshell

    After the leak of a work document published on the internet site "www.statewatch.org" at the end of November 2011, the European Commission has issued its official proposal for a regulation on "the protection of individuals with regard to the processing of personal data and on the free movement of such data" (the "Proposal") on 25 January 2012 (see also the European Commission's press release of 25 January 2012).
    European UnionPrivacy
    NautaDutilh
    NautaDutilh
  • Article

    Intervention Act

    This newsletter discusses the draft legislative proposal for a Financial Institutions (Special Measures) Act (Wet bijzondere maatregelen financiële ondernemingen; "Intervention Act") that was recently published for consultation along with a draft explanatory memorandum and a document containing specific questions. The draft proposal would broaden the powers of the Dutch Central Bank (De Nederlandsche Bank; "DNB") and the Minister of Finance to intervene at financial institutions that are experie
    NetherlandsFinance and Banking
    NautaDutilh
    NautaDutilh
  • Article

    Revamped CSSF Outsourcing Guidance For The Financial Sector

    On 22 April 2022, the Luxembourg financial regulator (the "CSSF") released Circular 22/806 on outsourcing arrangements (the "Circular"). By means of the Circular, the CSSF adopts and integrates...
    LuxembourgMedia, Telecoms, IT, Entertainment
    NautaDutilh Avocats Luxembourg
    NautaDutilh Avocats Luxembourg
  • Article

    One-Tier Board Act: The Current Status

    The One-Tier Board Act will probably enter into effect on 1 January 2013. It is expected that proposed remedial legislation now before the lower house will also enter into effect on that date.
    NetherlandsCorporate/Commercial Law
    NautaDutilh
    NautaDutilh
  • Article

    Law On Dematerialised Securities Enters Into Force

    The law of 6 April 2013 on dematerialised securities entered into force on 19 April 2013.
    NetherlandsFinance and Banking
    NautaDutilh
    NautaDutilh
  • Article

    European Parliament Adopts Directive To Facilitate Damages Claims For Antitrust Violations

    The European Parliament adopted a directive intended to strengthen the private enforcement of competition law.
    European UnionAntitrust/Competition Law
    NautaDutilh
    NautaDutilh
  • Article

    Bill On Notification Of Data Leaks

    This bill introduces a duty to notify the Dutch Data Protection Authority and the relevant data subject(s) in the event of a breach of security measures for the protection of personal data.
    NetherlandsPrivacy
    NautaDutilh
    NautaDutilh
  • Article

    New Notice Periods As From 2012: Is This The End Of The Claeys Formula?

    When hiring new employees, it is important to keep in mind the new notice periods applicable to employees that effectively start to work after 1 January 2012.
    NetherlandsEmployment and HR
    NautaDutilh
    NautaDutilh
  • Article

    Legislation Dutch Financial Markets - Future Financial Supervision Regulations

    Even though the Dutch Financial Markets Amendment Act 2014 is still pending in the Lower House, a consultation document for the Dutch Financial Markets Amendment Act 2015 was already published on 14 August 2013.
    NetherlandsFinance and Banking
    NautaDutilh
    NautaDutilh
  • Article

    9th Annual Efila Conference On 25 April 2024 In Frankfurt: New Frontiers In International Investment Arbitration

    We are pleased to share with you the details of the upcoming Conference of the European Federation for Investment Law and Arbitration (EFILA), taking place in Frankfurt on Thursday 25 April 2024.
    European UnionLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    One-Tier Board Act Expected To Enter Into Effect On 1 July 2012

    The Minister of Security and Justice has recently confirmed to the lower house of the Dutch Parliament that the One-Tier Board Act will probably enter into effect on 1 July 2012 (instead of 1 January 2012).
    NetherlandsCorporate/Commercial Law
    NautaDutilh
    NautaDutilh
  • Article

    Insolvency Protection Of Creditors And Collateral Takers According To The Laws Of Luxembourg

    The Act of May 20 2011 implements EU Directive 2009/44/EC (amending the EU Settlement Finality Directive and the EU Collateral Directive), and amends the Collateral Act of August 5 2005.
    LuxembourgInsolvency/Bankruptcy/Re-Structuring
    NautaDutilh
    NautaDutilh
  • Article

    Simplification And Flexibilisation Of Rules Governing Dutch BVs

    On 1 March 2012 the Dutch Minister of Security and Justice confirmed that his target date for the entry into force of the legislation simplifying the rules applicable to private limited liability companies is 1 July 2012.
    NetherlandsCorporate/Commercial Law
    NautaDutilh
    NautaDutilh
  • Article

    Overview Of Significant Deadlines For Listed Companies

    In previous issues, we highlighted new corporate legislation, in particular the Shareholders' Rights Act, the Corporate Governance Act and the Gender Equality Act.
    NetherlandsCorporate/Commercial Law
    NautaDutilh
    NautaDutilh
  • Article

    Retail Bond Issues In Belgium : New CBFA Guidelines And Fast Track Prospectus Approval

    While Belgian companies proved to be keenly interested in bond issues since the credit crash, either they often turned to the Luxembourg's supervisory authority to obtain the green light for their prospectus and 'passported' it afterwards into Belgium, or gave priority to offerings addressed solely to institutional investors which do not require a prospectus.
    BelgiumFinance and Banking
    NautaDutilh
    NautaDutilh
  • Article

    Competition Law Newsletter 2012

    In two judgments (Dow & DuPont) handed down on 2 February 2012 in the chloroprene rubber cartel case, the EU General Court upheld the European Commission's practice of holding two joint venture partners jointly and severally liable for a cartel infringement committed by their joint venture.
    European UnionAntitrust/Competition Law
    NautaDutilh
    NautaDutilh

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