Publications and articles

12 March 2024

Banks should be alert to NGOs carrying out activities in vulnerable areas

On 6 March 2024, Pro Bono Connect, a clearing house for pro bono matters and one of our pro bono partners, held a special "Money Matters" meeting for NGOs as these organisations often encounter difficulties when opening bank accounts and face certain bank payment issues. The meeting focused on NGOs which provide assistance to those in need, including in high-risk areas and conflict zones. De Brauw participated in the meeting by providing an overview of anti-money laundering (AML) and sanctions regulations, and discussing some issues relating to the opening of a new bank account and flow of funds. Good governance of NGOs was also addressed.
7 March 2024

Employer beware: bill on modernisation of non-competition clauses is here

The Bill on Modernisation of the Non-competition clause (the Bill) was published for internet consultation on 4 March 2024. The Bill is intended to prevent the including of non-competition clauses as a standard clause in employment agreements, which is currently the custom for many employers. According to the legislature, this has led to an unjustified restriction of the labour mobility of employees and has negatively affected the labour market. The explanatory memorandum accompanying the Bill elaborates on the newly proposed measures and what these mean for employers and employees alike in terms of how long a non-competition clause can remain in effect; the geographical range possible; timely notification for the employee; and compensation amounting to 50% of the employee's monthly salary for an employer invoking the clause, per month that the clause is invoked.
29 February 2024

EU revises Market Definition Notice: shaping and re-shaping digital markets

In the ever-evolving digital markets landscape, the European Commission has continually refined its approach to defining relevant markets, especially concerning multi-sided platforms and digital ecosystems. The Commission's release of the Revised Market Definition Notice in February 2024 marks another significant step in this ongoing process, aiming to adapt to the dynamics of these fast-moving markets. In this article, we explore the key updates outlined in the notice and its implications for defining relevant markets in the context of multi-sided platforms and digital ecosystems, drawing insights from pertinent cases.
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