On Sept. 24, 2019, the Court of Justice of the European Union (CJEU) decided that the “right to be forgotten” does not require a search engine operator to carry out de-referencing on non-EU member state versions of its search engine. The case relates to a penalty of €100,000 that the French data protection authority, CNIL,
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Revised Dutch Code of Civil Procedure: Effective 1 October 2019
By Monisha Sardjoe on
Introduction
Effective 1 October 2019, the Dutch Code of Civil Procedure (DCCP) will partly be revised. This revision is related to the failed digitalization of the Dutch judicial system: Program Quality and Innovation of Justice (in Dutch: Programma Kwaliteit en Innovatie Rechtspraak (KEI)). Only the district courts of Gelderland and Midden-Nederland have switched…
CJEU Finds Website Operators Using Social Media Plugins Are Joint Controllers
On July 29, 2019, the Court of Justice of the European Union (CJEU) found that a website operator using a social media plugin is a joint controller with the social media company providing the plugin and can be held jointly liable in relation to such processing activities. Although the case was decided under…
Data Centers Stop in Amsterdam and Schiphol Airport Region
By Marijn Bodelier & Rutger Sterk on
The municipalities of Amsterdam and Haarlemmermeer (home to Schiphol Amsterdam Airport) have announced a temporary halt of the realization of new data centers in their region. According to these municipalities, data centers take up too much space and consume too much energy.
Amsterdam and Schiphol are logical locations for data centers for various reasons (e.g.,…
Dutch Heating Supply Act Revised: Consequences for Landlords
By Monisha Sardjoe & Marijn Bodelier on
Introduction
Starting 1 July 2019, the scope of the Dutch Heating Supply Act (Warmtewet) (the Act) will be revised. The revision will have significant consequences for landlords of residential units or business space (including office and retail) who supply heat to their tenants. As of July 1, landlords will be exempted from the…
Greenberg Traurig Shareholder Radboud Ribbert Quoted in Law 360 Intellectual Property Article
Radboud Ribbert from Greenberg Traurig LLP’s Amsterdam office was recently quoted in a Law360 Intellectual Property article. The article focuses on a recent amendment to the Dutch Patents Act (Rijksoctrooiwet) to include a limitation of the exclusive right of the holder of a patent on a medicine, the Pharmacist’s Exemption.
The full…
Amendment to Dutch Patents Act (Rijksoctrooiwet) Allows for Extemporaneous Preparation of Medicine in Certain Circumstances
Article 53 (3) Dutch Patents Act
As of Feb. 1, 2019, the Dutch Patents Act 1995 (DPA) was amended to include a limitation of the exclusive right of the holder of a patent on a medicine. The exclusive right now includes an important exception in DPA Article 53(3):
The exclusive right…does not extend to the…
Consumer Duty to Report a Lack of Conformity (Product Defect) Further Explained by Supreme Court in the Netherlands
By Monisha Sardjoe on
Introduction
A consumer who has purchased a nonconforming (defective) product must report the lack of conformity to the seller within two months of discovery of the deficiency. See Article 7:23, Subsection 1 of the Dutch Civil Code (DCC); and the implementation of Article 5, Subsection 2 of the European Directive 1999/44/EG, which refers to the…