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About AKD With over 476 lawyers, tax advisers, civil-law notaries and business support staff in Belgium, the Netherlands and Luxembourg, AKD is a…
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AKD | Belgium | 27 Aug 2021

What does a Belgian DPA light procedure involve?

The Litigation Chamber of the Belgian Data Protection Authority (DPA) recently issued a decision on the merits following the defendant's failure to execute a light decision based on article 95(1)(5) of the Law of 3 December 2017 on the creation of the DPA. By this decision on the merits, the DPA reprimanded the defendant and gave an order to follow up the requests for the exercise of the......
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AKD | 17 Aug 2021

Copyright protection for adaptations of earlier creations

In a recently published judgment, Philips and Lidl disagreed over the appearance of certain electronic shavers. One of the key points of discussion was whether Philips's copyright claim, which was based on the appearance of one shaver, also included the features that had been incorporated in a previously released shaver or whether, to the contrary, protection could be claimed only for the......
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AKD | Netherlands | 16 Aug 2021

Copyright protection for adaptations of earlier creations

In a recently published judgment, Philips and Lidl disagreed over the appearance of certain electronic shavers. One of the key points of discussion was whether Philips's copyright claim, which was based on the appearance of one shaver, also included the features that had been incorporated in a previously released shaver or whether, to the contrary, protection could be claimed only for the......
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AKD | Netherlands | 30 Jul 2021

Facing predicted flow of bankruptcies

Although it has been reported that the number of bankruptcies in the Netherlands continues to decline, some experts predict a wave of bankruptcies once the covid-19 pandemic comes to an end and state aid is withdrawn. When faced with the bankruptcy of a company it can be important to act quickly and appropriately to safeguard the affected party's interests. This article describes a number of......
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AKD | Netherlands | 28 Jul 2021

CMR carrier liable for damage to food products caused by stowaways

The Oost-Brabant Court recently rendered a decision in a case where damage was caused by stowaways who had climbed on board a vehicle during an international road transport. The Court reaffirmed that the claimant must prove a "substantial physical change" to the goods between the time of taking over the goods and the time of delivery in order to be able to claim damages.
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AKD | Netherlands | 27 Jul 2021

"As is where is" – can it be relied on?

Parties often agree to the sale of a vessel under "as is where is" conditions. However, even if this provision is interpreted to the effect that no guarantee of quality is given, it is not easily accepted as an exoneration of the seller against any and all claims by the buyer.
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AKD | Netherlands | 21 Jul 2021

"As is where is" – can it be relied on?

Parties often agree to the sale of a vessel under "as is where is" conditions. However, even if this provision is interpreted to the effect that no guarantee of quality is given, it is not easily accepted as an exoneration of the seller against any and all claims by the buyer.
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AKD | 25 Jun 2021

DPA approves first European code of conduct for cloud

The Belgian Data Protection Authority (DPA) recently approved the EU Cloud Code of Conduct ('the code'), the first transnational code of conduct adopted in the European Union since the entry into force of the EU General Data Protection Regulation. The code has been operational ever since. The DPA also accredited Scope Europe as the monitoring body for ensuring its members' compliance with the......
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AKD | Netherlands | 8 Jun 2021

Terminating and opening bank accounts through litigation

Litigation on the termination of bank accounts due to compliance issues or strategic reorientation has become more prevalent in recent years. However, there has also recently been a trend in the opposite direction, where banks' refusal to open bank accounts has led companies to initiate legal proceedings against them. This article provides an overview of recent litigation on both the......
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AKD | Netherlands | 2 Jun 2021

Court of appeal sheds light on position of cargo owners, freight forwarders and CMR carriers

A recent court of appeal decision has shed light on the legal notion of a principal obtaining a claim right against a carrier when the principal has a contract of carriage with a freight forwarder for the transport in question. The court has made it clear that a cargo owner or principal has no direct claim against a carrier. As a carrier's contractual counterparty, a freight forwarder should......
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