European Legal News

October 16, 2017 - New legislation regarding compensation for damages in competition law part one

As of 1st September 2017 the new Act No. 262/2017 Coll., on compensation for damages connected with competition law, became effective in the Czech Republic. The new Act implements the Directive 2014/104/EU1 (the implementation period elapsed on 26th December 2016!) aimed to unify fundamental principles of enforcement of compensation of ...

October 13, 2017 - Supreme Court: camera images normally do not contain ethnicity data

The Supreme Court has, by means of a section 81 Judiciary (Organization) Act [Wet op de rechterlijke organisatie – RO] decision, ruled on 27 June 2017 (implicitly) that the processing of camera images does not imply processing of ?ethnicity data?. Handing over of debit card transaction images In the context ...

October 9, 2017 - Costs of registering a trademark or design

Having a trademark or design is essential for the proper protection of a company?s products and services. The number of companies registering a tradename or design remains large. The new fees for registering a trademark or design have recently been published. Trademark A trademark is a mark used to distinguish ...

October 2, 2017 - Football Practice

In Elias v. Davis & Edwards, Elias, a 16-year-old high school student in the North Kansas City Missouri School District played varsity football. Edwards and Davis were coaches. In October, 2010, the two coaches decided to have a full-grown adult dress out in full football gear including helmet and padding ...

September 29, 2017 - Risky Business Skilled Nursing Facilities Under Attack

Have you ever read a brochure for a resort, college, or apartment complex and expected everything it said to be completely and totally accurate without any caveats? In the Commonwealth of Pennsylvania, a chain skilled nursing facility is under attack for representations it made in its marketing materials. In July ...

September 28, 2017 - Equifax Data Breach: What You Should Do Now

On September 7, 2017, Equifax announced that it had experienced a cybersecurity breach impacting approximately 143 million people. It appears that the unauthorized access occurred mid-May through July 2017. If a credit report was run on you prior to, or during the breach, then your information was probably exposed by ...

September 14, 2017 - Car advertising still under scrutiny from the Dutch Advertising Code Committee

Advertisements for car makes are under the continued scrutiny from the Dutch Advertising Code Committee (Reclame Code Commissie or RCC). This is important news for communication, consultancy and advertising agencies. Like the car makes, they too have to take advertising law into account continuously. Over-promising In 2015, the Dutch Advertising ...

September 12, 2017 - Factors to be borne in mind when including standard terms and conditions in international legal transactions

Every day, countless purchase agreements are concluded around the world, between parties from different countries. To harmonise the rules applicable to those purchase agreements, many countries have signed up to the UN Sales Convention (CISG). There are currently 84 signatory countries, ranging from Albania to Zambia. The Netherlands and Germany ...

September 1, 2017 - Novelization of the Czech Employment Act 2017 part two

In part two of this article we pay attention to further changes brought by the novelization of the Employment Act, i.e. the Act No. 206/2017 Coll., by which the Act No. 435/2004 Coll., the Employment Act (?the EA?), is amended, and which became effective in the Czech Republic as of ...

August 31, 2017 - Novelization of the Czech Employment Act 2017 part one

This article is devoted to the novelization of the Czech Employment Act, i.e. the Act No. 206/2017 Coll., by which the Act No. 435/2004 Coll., the Employment Act (?the EA?), is amended, and which became effective in the Czech Republic as of 29th July 2017. The most important changes, introduced ...

August 24, 2017 - Trade with sanctioned countries

In principle, you are free to trade with whomever and in whatever you wish. However, there are particular (in principle legal) transactions with specific countries and/or persons that are prohibited on the basis of a sanction. An example of this is the recently announced restriction by the EU of the ...

August 22, 2017 - Computer Programmers and the H-1B Visa

The H-1B visa is designed to be for professional, ?specialty? occupations. Specialty occupations require the ?theoretical and practical application of a body of highly specialized knowledge,? and require the attainment of a bachelor?s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the ...

August 21, 2017 - The European Court of Justice has ruled on unfair commercial practices that took place after consumer agreements were entered into

In the European Union member states are required to provide national legislation that prohibits a trader to acts unfairly towards a consumer if he carries out commercial practices that are not in line with the required competence and care requirements. According to the law, each act, omission, behaviour, representation of ...

August 18, 2017 - Alphabet Soup Changes to the Affordable Care Act

With the new Trump administration and Republican control of Congress, there has been a lot of discussion about eliminating the Affordable Care Act and replacing it with a different set of rules. Legislation has passed the House but not the Senate, and it appears that legislative changes are going to ...

August 9, 2017 - Dont just sign a processors agreement, in particular if you are not actually a processor

More and more organisations require suppliers and partners with whom personal data is exchanged to enter into a processor?s agreement. Regularly, signing the processor?s agreement is even (more or less) forced upon them.?Often it is insufficiently considered whether it is actually required that a processor?s agreement is signed. It can ...

August 8, 2017 - Trademark Protection for Medical Practices and Hospitals

University hospitals, hospitals, and medical practitioners in community practices are increasingly concerned with their own placement in the market. If they want to act economically, it is necessary to sell not only the necessary medical care, but also additional offerings, which are often common in wellness treatment centers. Hospitals, medical ...

August 7, 2017 - Works Council Election 2018: Composition of the Election Committee

The election committee is responsible for carrying out a works council election. If the election committee is appointed, to hold an election it needs both material and information regarding the (potential) employees who have the right to vote From March 1, 2018 to May 31, 2018, the regular works council ...

August 5, 2017 - Interventions in the Works Council Elections

The election committee holds the works council election. It has to adhere to the Works Constitution Act and the electoral regulations adopted for this purpose. If the regulations are not complied with, interventions under labor law into the current works council election may be considered. The Works Constitution Act and ...

August 4, 2017 - Workplace 4.0

Whether at home or on the road: new forms of work have emerged through the mobile technology of smartphones, tablets etc. More flexibility can help to reconcile family and work life, save a long journey to work and promote self-determination. This complies especially with the life planning of young high ...

August 3, 2017 - The Urban Area

The new building category “urban area” provides municipalities and architects with more flexibility when planning urban areas. This can create more living space in densely populated cities and help revitalize them as well. With the Act on the Implementation of EU-Directive 2014/52/EU concerning urban planning legislation and the strengthening of ...

August 2, 2017 - Draft Bill for the Revision of the Law on Payment Services

The law makes payment initiation services and account information services subject to regulatory supervision by the Federal Financial Supervisory Authority (BaFin). Furthermore, there will be stricter authentication requirements when making online payments. On February 8, 2017, the federal government adopted a bill to implement the Second Payment Service Directive. It ...

August 1, 2017 - Claiming compensation from your director (under the articles of association) who is residing abroad Know which court to go to

It is well-known that legal proceedings are not constrained by national borders. It is for that reason that within the European Union there are two regulations setting out which court has jurisdiction within the EU in particular cross-border proceedings. In respect of all legal claims brought before 10 January 2015, ...

July 31, 2017 - Sustainable Development in the Swedish Financial Market

In the last couple of years, development of a sustainable society and environment has become increasingly important within the financial market. For example, such development includes avoiding investments in fossil fuels and instead focusing on sustainable alternatives. In 2015 European politics discussed and drew up new goals on the subject, ...

July 28, 2017 - Information Regarding Active and Passive Activity in Swedish Fund Management

The fund market consists of both active and passive managed funds (UCITS and AIFs) available for purchase. Simplified, active management involves an individual manager, co-managers, or a team of managers managing the funds by investing the means of the fund in different financial instruments. A passively managed fund is an ...

July 27, 2017 - Directors disqualification under civil law: mission accomplished

We informed you on several occasions of the directors disqualification under civil law on our Knowledge Page. The legislative proposal and the implications, the submission and its handling in the House of Representatives and the Senate as well as the entry into effect thereof have thus already been discussed comprehensively. ...