Articles about Blog
Practical legal information for entrepreneurs. Read what to look out for, which steps are sensible, and when legal advice is necessary.
Opt for the clarity of a contractual duty to complain
Entrepreneurship
June 28, 2021
The statutory duty to complain requires you to complain about a defect “within a reasonable time,” but what exactly that entails remains vague and often leads to dispute. By including in your contract or...
The data breach notification form is more user-friendly, but it remains complex
Privacy
June 24, 2021
The Dutch Data Protection Authority has made the data breach notification form more user-friendly — including intermediate saving and follow-up questions based on previous answers — but correctly reporting a...
Dismissal on the grounds of the e-ground is also possible if it is not the last resort
Employment matters
June 22, 2021
For dismissal due to culpable conduct (ground e), dismissal does not have to be the last resort: even if a less severe measure was possible, the employer can terminate the employment contract. It is required...
How long is the statutory payment term in the Netherlands?
Entrepreneurship
June 21, 2021
The Netherlands does not have a fixed statutory payment term: parties agree on this themselves. If nothing has been agreed, 30 days applies. Between companies, a term longer than 30 days is only permitted with...
Caution: temporary increase in hours may count towards the chain rule
Employment Matters
17 June 2021
A temporary increase in hours on top of a permanent contract can, under certain circumstances, count as a separate (temporary) employment contract that counts towards the chain rule — with the risk of permanent employment. The...
Trustpilot must provide name and address details after fake reviews
Legal Affairs
June 15, 2021
Reviews may be anonymous, but fake reviews may not. Anyone who damages a company with fake reviews can be held liable — but for that to happen, the anonymity must first be broken. The Amsterdam District Court mandated...
New copyright has entered into force
Legal Affairs
June 14, 2021
Since June 7, 2021, new copyright rules apply in the Netherlands due to the transposition of the European DSM Directive. The main consequences: a new exception for text and data mining, better protection and a...
Company receives hefty fine for overly extensive absence registration
Employment Matters
10 June 2021
An employer may record absence, but not data regarding the nature or cause of the illness — he may not even ask about that. That is special (health) personal data, which only...
Incorrectly invoking the financing clause costs the buyer €630,000
Financial
June 8, 2021
A financing clause is only effective if you invoke it exactly according to the agreed formalities — often a written notification to both the seller and the notary, with proof of rejections. If you fail to do so,...
Recovering study costs from a departing employee is becoming more difficult
Employment matters
7 June 2021
Since the introduction of the EU Directive on Transparent and Predictable Working Conditions (effective from 1 August 2022 in Dutch law), you may no longer use a study cost clause for mandatory training courses necessary for the position:...