Articles about Blog
Practical legal information for entrepreneurs. Read what to look out for, which steps are sensible, and when legal advice is necessary.
Breaching confidentiality clause by mistake, still a fine
Privacy
October 28, 2019
Yes, even an accidentally breached confidentiality clause can result in a fine. With a broadly worded confidentiality clause, it does not matter whether you did it knowingly: the judge only looks at whether the clause...
Am I allowed to buy goods very cheaply?
Legal Affairs
October 24, 2019
Yes, as an entrepreneur, you are allowed to buy goods well below market price. Freedom of contract is the basic principle: a buyer does not have to pay the full market value, even if you know that...
Canon law sometimes sidelines labor law
Employment Matters
23 October 2019
Yes, canon law can set aside regular employment law in certain cases. Church denominations are permitted to organize themselves according to their own ecclesiastical statutes, and the Supreme Court confirmed in 2019 that this freedom of organization sometimes...
Hashtag as a brand: sufficient distinctiveness?
Legal Affairs
October 21, 2019
A hashtag can be a valid trademark, but only if the sign has sufficient distinctive character. That is not automatically the case: the hash symbol (#) makes a sign in itself...
Is WKR tax-free allowance possible for fixed wages?
Employment Matters
17 October 2019
Yes, 'hard wages' can also fall under the tax-free allowance of the Work Expenses Scheme (WKR). The Supreme Court ruled that the nature of the wage component is not decisive: even a purely...
How high can the contractual penalty be?
Contracts
October 16, 2019
There is no statutory maximum for a contractual penalty. In principle, you may determine the amount yourself: parties are free to agree on the amount due if someone...
Operating obligation in lease agreement does not always hold up
Contracts
October 14, 2019
An obligation to operate a business in a lease agreement is in principle valid, but not always enforceable. A judge may set aside the obligation if continuation of the operation is factually impossible, or...
After the yes/yes sticker: start building an address database now
Privacy
October 10, 2019
Since the introduction of the yes/yes sticker, in a growing number of Dutch municipalities you may only deliver unaddressed advertising material to households that explicitly request it with a sticker. For...
How far does the redeployment obligation extend at international groups?
Employment Matters
9 October 2019
In principle, the redeployment obligation extends across the entire group and does not automatically stop at the national border, but it does have clear boundaries. If your company is part of an international group, then you must...
Free months with subscription: provide good promotional terms
Legal Affairs
October 7, 2019
If you give away free months with a subscription, clearly state in the promotional terms and conditions whether those months fall within the subscription period or are in addition to it. If you fail to do so, then...