Newsletter August 2010
EMPLOYMENT
Works Council's Right to Consent for Individual
Decision Possible as an Exception
The Works Council has the right to consent regarding the adoption,
change or establishment of the appointment policy. If the employer
fails to observe this policy when it fills a vacancy, does this
constitute a change in the appointment policy?
read on..
Has the Stipulated Work Changed After 20 Years
Can an employee, who as a consequence of a heart attack has been
performing adjusted duties for 20 years without anything having
been put on paper about this, take the position that the stipulated
work has tacitly changed?
read on…
HEALTH
CARE
Court Rules on Online Drugs Sales to Persons Unknown to
Care Provider
The Court of The Hague has recently delivered a judgment in
preliminary relief proceedings on the online sale of drugs on
prescription to unknown persons and the delivery of these drugs by
a pharmacy. The reason was a request for injunctive relief from a
pharmacy that had been ordered by outgoing Health Minister Klink to
stop executing orders placed via the website.
read on…
INFORMATION
TECHNOLOGY
A legislative proposal on the reinforcement of fighting
computer crime confers far-reaching powers upon the public
prosecutor
A draft bill of caretaker Minister Hirsch Ballin in the fight
against cybercrime threatens the freedom of expression on the
internet.
read on…
INTELLECTUAL
PROPERTY
Judgment in Preliminary Relief Proceedings Brein -
Ziggo/XS4ALL: No Blocking of The Pirate Bay
The Pirate Bay is forbidden in the Netherlands, but continues to
offer content on the internet, without consent of the
rightsholders. Brein requests internet provider Ziggo to filter out
The Pirate Bay for their subscribers. In summary proceedings, this
request is denied.
read on…
No Database? Protection of Documents as a Safety
Net
The protection of documents seems to be a more effective tool to
protect a (searchable) collection of data than the Databases Act
that was created especially for this purpose. An example is the
dispute between price-fighter PR Aviation and Ryanair.
read on…
MEDIA
Tapes Monitored De Telegraaf Journalist Are Infringing
the Journalistic Right of Non-Disclosure - Acquittal of
'Leaking' AIVD Official
The Court adjudicated AIVD tapes of monitored De Telegraaf
journalist as 'fruits of the poisonous tree'. The
monitoring infringed the journalistic right of non-disclosure of
the De Telegraaf journalist and the tapes are therefore illegally
obtained evidence.
read on…
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