Legal articles

Landmark ruling on validity of personal data transfer mechanisms

On 16 July 2020, the Court of Justice of the EU delivered one of the most anticipated decisions on data protection, ruling on the validity of standard contractual clauses. These clauses are widely used legal instruments for transferring personal data outside the European Economic Area (EEA). The court held that the clauses are valid, but that data protection authorities in the EU can prohibit or s...

New legal entity for social entrepreneurs to be introduced in the Netherlands

On 10 July 2020, the Dutch government announced plans to introduce the BVm (maatschappelijke BV) in Dutch corporate law. The BVm will be a new private legal entity for social entrepreneurs which are active in addressing societal issues regarding energy, climate, healthcare, education, safety or labour force participation. The details of the legal framework for the BVm will be published before the ...

Managing artificial intelligence: how companies can keep up

In their recent master class, our experts Axel Arnbak, Oscar Lamme and Ties Boonzajer Flaes looked at the various aspects of dealing with the ever-changing AI landscape, including EU and Dutch regulatory developments in this area.   Regulatory focus is split between adjusting existing regulatory frameworks and developing new ones on the one hand and ensuring that AI systems conform with curre...

Details of Dutch Pension Deal published: now is the time to start preparing

The Minister of Social Affairs and Employment recently published an “outline document” explaining how to implement the Pension Deal concluded in June 2019. With the minister’s plans having gained wide support, after ten years of deliberations, it seems likely that pension reforms will finally take place.   The biggest change is the mandatory shift from DB to DC. The current ...

Outsourcing of investigations to lawyers of suspected companies: France

Enforcement authorities worldwide are increasingly confronted with internal investigations conducted by companies under investigation. This type of “cooperation” plays a significant role in their enforcement approach, but the trend has also fuelled the debate on individual rights, legal privilege and the degree of cooperation required to receive prosecution-related credit. While companies need...

Dutch Supreme Court reaffirms legal privilege – what does this mean in practice?

In recent years, there has been mounting debate in the Netherlands about the scope of legal privilege. The discussion is not confined to criminal and civil proceedings only, but extends to investigations by regulators and bankruptcy trustees. The main argument used against legal privilege is that full disclosure serves a common, public interest that should transcend any personal, individual right ...

Mind the gap: European Commission publishes White Paper on Foreign Subsidies

In response to calls from a number of member states, the European Commission has launched a public consultation on a set of tools to tackle subsidies granted by foreign governments where these can distort competition within the European internal market. If implemented, the proposed measures will surely impact the way state-supported foreign companies can conduct their business in the EU. They are ...

Dutch Supreme Court: credit claims can be assigned and securitisation vehicle has duty of care

The Supreme Court decided on 10 July 2020 that banks can validly assign credit claims to non-banks, also if the underlying loans are non-performing or have been terminated. It also decided that if the assignee is not a bank, it can be required to observe the same duty of care towards debtors as would apply to a bank under the given circumstances. As such, the Supreme Court’s decision not onl...

Helping employers through the coronavirus crisis: the NOW framework at second glance

On 31 March 2020, the Dutch Minister of Social Affairs and Employment published the conditions for the NOW framework. The aim of NOW 1.0 was to support employers, big and small, whose revenues had been reduced by at least 20% as a result of the coronavirus outbreak. Many employers were eligible to receive up to 90% of capped salary costs in the form of subsidies during a three-month period. On 20 ...

Dutch legal entities to register their ultimate beneficial owners from 27 September 2020

The UBO register, to be kept by the Trade Register, will become operational in the Netherlands as per this date, and all Dutch legal entities, including foundations, will have to register. Each legal entity has its own definition of a UBO, but common across all these definitions is that the UBO is a natural person who ultimately owns or controls the entity. If there is no UBO based on this definit...
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