• JD Supra Netherlands

Publisher:
JD Supra
Publication date:
2019-04-29

Latest documents

  • Fake reviews: a (new) Dutch law perspective

    During the COVID-19 pandemic we have seen an explosive growth of online purchases. Online reviews can be helpful in making a purchase. However (the trade in) fake reviews (has/) have been on the rise for years and it becomes more difficult to differentiate between fake and genuine.

  • Updated: Covid-19 coronavirus – noodwet AVA 2020

    Na een versnelde wetgevingsprocedure is in april 2020 de tijdelijke wet COVID-19 in werking getreden. Die ‘noodwet’ heeft terugwerkende kracht tot en met 16 maart 2020. De noodwet voorziet onder andere in bijzondere regelingen voor de algemene vergadering van aandeelhouders van vennootschappen.

  • Covid – 19 update Listed companies & Emergency Act Virtual GM

    Following an accelerated legislative procedure, the Temporary Act COVID-19 came into force in April 2020. The Act has retroactive effect until and including 16 March 2020. This "Emergency Act" provides, among other things, for special arrangements for general meeting of shareholders (GM) of companies. The Emergency Act would make it, originally at least until 1 September 2020, possible for GMs to be held completely virtually. Now, it is clear that Emergency Act will remain in force at least until 1 February 2021. By providing more detailed rules on the convocation and by clarifying that certain sanctions that may affect the decision-making process cannot be invoked, the Emergency Act aims to provide the company and shareholders with legal certainty regarding decision-making. 
 
 Please see full Publication below for more information.

  • The Netherlands: Compensation due only in absence of contract extension notification

    On October 19, 2020, the Arnhem-Leeuwarden Court of Appeal ruled on whether an employer had met its duty of notification and whether it owed compensation in lieu of notifying the employee about his contract extension. Under Dutch law, no later than one month before a fixed-term employment contract is due to end, the employer must inform the employee in writing whether or not the contract will be extended.

  • New Guidance for Dutch Prosecutor on the Investigation and Prosecution of Foreign Corruption

    On October 1, 2020, the new Instruction on the Investigation and Prosecution of Foreign Corruption for the Dutch Public Prosecution Service ("DPPS") entered into force, indicating certain factors that play a role in determining the appropriateness of investigation and prosecution of foreign corruption cases.
 
 Main Elements of the Instruction - 
 
 Background - 
 
 The Instruction replaces the more elaborate instruction of 2013. Although the Instruction does not appear to represent a major shift in the DPPS's enforcement policy of foreign corruption cases, it does contain certain noteworthy elements.

  • The Netherlands: Can an employee hide and then seek a notice payment?

    The Central Netherlands District Court recently held that failure to turn up at work and to contact an employer about the absence justifies summary dismissal.

  • Dutch Legislation Would Widen the Scope of Who Qualifies for Early Retirement

    On 1 January 2006, the tax advantage of the VUT and other early retirement programs in the Netherlands was abolished. Since then, the applicable pension scheme in place has been designed to offer employees a bridge payment until they reach pension age, in the form of an Early Retirement Scheme (“RVU”).

  • Breaking news: NOW 3.0 ? Extension of the Dutch Temporary Emergency Measure for the Preservation of Jobs

    On October 9, the Dutch government published the extension of the Temporary Emergency Measure, effective from October 10, 2020 (the “Extended Scheme”). This note informs you about the main principles of the Extended Scheme.

  • Wage retraining exemption extended in the Netherlands

    In the Netherlands 2021 budget, it has been proposed to extend the wage tax exemption for qualifying retraining of (laid off) employees. 
 
 Presently, the exemption can only be applied to employees whose employment agreement has not formally ended. 

  • The Netherlands: Is a new contract after dismissal during a probationary period allowed?

    A probationary period sometimes isn't long enough to gain a good impression of an employee and the employer might still want to give the employee a further chance. In a recent case, the District Court of Midden-Nederland (click here, Dutch only) involved a situation where the employer had contrived something along these lines.

Featured documents

  • The Netherlands as an Attractive Alternative for Settling International Mass Claims

    Since the U.S. Supreme Court’s decision blocking actions by non-U.S. investors related to securities in companies not listed in the U.S. and traded outside the U.S. (the “foreign-cubed-cases”), Morrison v. Natinonal Australia Bank Ltd., 130 S.Ct. 2869 (2010), the Netherlands has proven to be an...

  • The Netherlands Returns as a Collective-Settlement Forum

    Ageas (the former Fortis) and several organizations representing Fortis shareholders announced yesterday a EUR 1.204 billion settlement of shareholder claims under the Dutch Act on Collective Settlement of Mass Claims (the “WCAM”). The proposed settlement, which is subject to approval by the...

  • Monthly newsletter GDPR: Accountability Privacy by Design and Privacy by Default (Dutch)

    This fourth edition of the GDPR newsletter, the first after our tie-up with Dentons, deals with the (new) data protection principles of accountability, privacy by design and privacy by default....

  • Nieuwe financiële regels voor VVE’s (Dutch)

    It was already in the air, but in the meantime, the bill on improving the functioning of association of owners has also been adopted by the First Chamber. These new rules will be finalized on January 1, 2018. The bill will in two cases change the current rules: (i) a further elaboration of the...

  • GDPR Update: Data Processors

    Distinction between the data controller and the data processor - In this GDPR Update we address the position of the data processor. The position of the data processor will be analysed from the perspective of the processor itself, as well as from the perspective of the data...

  • GDPR Update: Data Protection Officers (Dutch)

    In this month’s GDPR Update we address the position of the Data Protection Officer (the DPO). The DPO is a natural person overseeing the processing of personal data within an organisation....

  • Eigen schuld, dikke bult (Dutch)

    In many professional liability cases, a claim is claimed by an injured party to the effect that the relevant professional is liable to the injured party and must compensate his or her loss "to be made more detailed by state". This implies that the procedural debate is split into two...

  • Top 10 issues to consider when employing people in the Netherlands

    Pursuant to the guide “Doing Business in the Netherlands 2018” of the Dutch tax firm PwC there are many advantages of doing business in the Netherlands, such as a pro-business climate, its strategic location, attractive tax system, a highly educated multilingual workforce and superior...

  • Professional Liability and Disciplinary Law Newsletter - September 2018 (Dutch)

    Welcome to the September edition of the monthly Professional Liability and Disciplinary Law Newsletter of Dentons Boekel....

  • The Netherlands Commercial Court: An Attractive Forum for Litigation

    Specially designed for large and complex international commercial disputes, the NCC offers effective and economical litigation options.
 
 In December 2018, the Dutch Senate unanimously passed legislation to introduce the international trade chamber of the Court of Amsterdam (Netherlands...