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News

Here you will find articles regarding various legal topics.

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Articles

25 August 2026 2026
Reading time: approx 2 minutes |

(update 10 june 2026) What transparency obligations apply to AI use?

The European Commission’s AI Office has published the final Code of Practice on marking and labelling AI-generated content. What transparency obligations apply to the use of AI?

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21 August 2026 2026
reading time: approx. 5 minutes |

New rules on the sharing of digital evidence

Nowadays, it appears that more evidence of criminal offences exists in digital form than in the form of, for example, fingerprints or CCTV footage. Examples include email messages, chat messages, login details, and cloud files. From 18 August 2026, new rules will apply to the sharing of digital evidence with judicial authorities in other EU countries. These rules are intended to make it easier to request and transfer digital evidence for criminal cases within the European Union (EU).

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17 August 2026 2026
reading time: approx 8 minutes |

Force majeure in IT industry-standard terms and conditions

Force majeure and the list in Fenit condtions 1994, Fenit conditions 2003, ICT~Office 2008, Nederland ICT 2014, NL Digital 2020 and NL Digital Conditions 2025

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14 August 2026 2026
reading time approx. 8 min |

What statutory obligations apply to the deployer of high-risk AI systems?

From 2 August 2026, Regulation (EU) 2024/1689 (‘AI Regulation’) will be fully applicable throughout the EU. The AI Regulation is the world’s first source of statutory obligations regarding the development and use of AI systems.

 

This article explains the statutory obligations that will apply to the deployer of a high-risk AI system.

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15 June 2026 2026
reading time: approx. 7 minutes |

Can AI-generated output be protected by copyright?

In this ruling, the Regional Court of Düsseldorf applies established case law of the Court of Justice of the European Union (CJEU) about copyright to AI-output. What is striking about this ruling is that it leaves the door open for copyright protection of AI-generated output, as the Regional Court directly connects this protection to the EU "originality test" and human creative influence on the generated output.

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18 May 2026 2026
Reading time: approx. 5 minutes |

What are the consequences of the misuse of AI in legal cases? (update)

Developments are following one another at a rapid pace. We would like to provide you with an update as of May 2026.

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15 April 2026 2026
Reading time: approx. 18 minutes |

Digital Omnibus Proposal: proposed amendments to the General Data Protection Regulation (“GDPR”)

On November 19, 2025, the European Commission published a proposal for a "Digital Omnibus Regulation." The proposal is part of the simplification agenda of the von der Leyen II Commission, following the Draghi Report on European Competitiveness.

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31 March 2026 2026
Reading time: approx. 6 minutes |

Case C-97/23 P WhatsApp Ireland v European Data Protection Board

On February 10, 2026, the Grand Chamber of the EU Court of Justice issued a ruling with potentially far-reaching implications. The EU Court of Justice ruled that the decisions and guidelines of the European Data Protection Board (EDPB) are actionable acts, reviewable by the competent court. The fact that the so-called EDPB Guidelines can be actionable acts makes it possible to challenge the content of these influential guidelines in court.

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31 March 2026 2026
Reading time: approx. 7 minutes |

What transparency obligations apply to AI use?

On 17 December 2025, the European Commission published the first draft for the world's first: “Code of Practice on marking and Labelling of AI- generated content”. In this article, we summarize the currently existing rules regarding transparency through marking and labeling of AI systems and the use of these tools.

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31 March 2026 2026
Reading time: approx. 2 minutes |

The EU European Health Data Space Regulation has entered into force, what now?

What is the EU European Health Data Space (EHDS)? The objective of the EHDS is to create a single "space" within the entire EU for electronic exchange of health data.

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12 March 2026 2026
Reading time: approx.15 minutes |

What are the consequences of misuse of AI in court cases?

Recent case law shows that not everyone has a firm grasp of how to use AI responsibly in legal matters yet. This article provides a brief overview of several recent notable judgments concerning the improper use of AI.

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22 January 2026 2026
Reading time: approx. 9 minutes |

DEU Data Act Regulation & Exit - and Continuity Provisions in IT Contracts

What does the EU Data Act Regulation mean for exit and continuity arrangements in IT contracts? In this article, we explain what this entails.

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17 December 2025 2026
Reading time: approx. 14 minutes |

How does my company or organisation develop ethically responsible and reliable AI?

"Our developers want to create reliable, transparent and ethically responsible AI, but how do they do that?" Or,

"We see providers of AI tools on the market that can be integrated to change our working methods and services, but how do I know if they are sufficiently secure and whether we are allowed to use this option within our sector?"

Read on
14 May 2025 2026
Reading time: approx. 5 minutes |

Accessibility Directive/ European Accessibility Act (EAA).

On June 28, 2025, the Accessibility Directive / European Accessibility Act (EAA) will enter into force. The aim is to also make it easier for people with, for example, a visual, hearing or other (cognitive) impairment to independently purchase products or services via websites or apps.

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14 January 2025 2026
Reading time: approx. 6 minutes |

What is a critical or important function under the DORA regulation?

On 17 January 2025, the Regulation on Digital Operational Resilience for the Financial Sector (“DORA”) will enter into force across the EU. The new Regulation and the related new laws and regulations introduce new legal standards on cybersecurity in the financial sector. DORA is part of Dutch financial supervisory law.

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23 October 2024 2026
Joanne van Eenennaam |

When are personal data health data? EU Court of Justice rules

The Court of Justice ruled that in this case there was indeed processing of personal data concerning health, even if the order at the online pharmacy was not intended for the person who placed the order. The Court of Justice deviated from the advice of the Advocate General at the Court of Justice in this ruling.

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11 October 2024 2026
Joanne van Eenennaam |

Commercial interests as a GDPR legal basis : EU Court of Justice rules

This ruling was eagerly awaited by privacy law experts throughout the EU and beyond. The result lived up to the expectations of these critical experts, as will be shown by the EU Court of Justice ruling, which will be briefly explained in this article.

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07 March 2024 2026
Joanne van Eenennaam |

Doxing is a crime under Dutch Criminal Law as of January 1, 2024. What does that mean?

Since January 1, 2024, providing, distributing or otherwise making personal data available with the intention of intimidating someone is a crime under Dutch Criminal Law.

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10 December 2023 2026

The New Platform Liability: from the e-Commerce Directive to the Digital Services Act Regulation (“ DSA ”)

As of 17 February 2024, the entire Digital Services Regulation will become applicable. The obligations under this Digital Services Act will already start to apply in stages to some of the largest providers of online brokering services, the big tech companies, during 2023.

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23 November 2023 2026

Part I - AI & Dutch Law: How does AI and copyright law work in the Netherlands?

The article you are reading now is Part I in a three-part series on the role of AI within the current state of Dutch law. Part II is about the proposal for a European AI Regulation and Part III is about the legal points of interest when formulating policy on the use of AI within your organization or company.

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14 September 2023 2026

Director personally liable for improper dismissal

An owner seemed to want to get rid of his sick employee. Instead of following the rules of the law and thus requesting dissolution of the employment contract from the court or permission to terminate the employment contract from the UWV, or parting with the employee through consent, the employer came up with something else, but it cost him dearly.

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04 September 2023 2026
Joanne van Eenennaam |

Naming law is also privacy law

This article will highlight an underexposed intersection of privacy law with family law, as it will explain how the right to privacy affects Dutch naming law.

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31 July 2023 2026
Joanne van Eenennaam |

New adequacy decision personal data transfers between the US and EU

The article outlines the expected impact of the new adequacy decision on EU-based companies and organisations in the coming period.

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19 June 2023 2026
Joanne van Eenennaam |

What does the Blauw/Nebu case mean for practice?

On 10 and 11 March 2023, a cyberattack took place on Nebu's servers. The personal data originating from customers of several large companies in the Netherlands were (potentially) released onto the street. The major companies reported the data breach.

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02 November 2022 2026
Reading time: approx. 12 minutes |

What is the Legal Value of NEN 7510 Certification?

This article explains the legal significance of the NEN 7510 for parties involved in data sharing in healthcare, but this article may also be relevant for other organisations where the question exists how to achieve a legally appropriate level of security.

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24 June 2022 2026
Joanne van Eenennaam |

A practical overview of the do's and don'ts of camera use

The question that arises is what legal boundaries are set within Dutch law for the use of cameras and the collection or distribution of camera images?

The following article outlines what you should legally speaking be aware of when using cameras.

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23 June 2022 2026

Can I scrape data from the Internet?

The Internet contains a wealth of useful commercially reusable information. When is it allowed and when is it not allowed to collect it through scraping or otherwise exploit it?
Re-use of data on the Internet

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24 May 2022 2026
Joanne van Eenennaam |

When do you need a 'privacy statement'?

This article broadly outlines the background to the privacy statement and when using a privacy statement may or may not be necessary or useful for a company or organisation.

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07 March 2022 2026
Joanne van Eenennaam |

Processor or (joint) controller?

In practice, parties processing personal data are often still unsure which of them is the Processor in the sense of the GDPR and which is the Controller. Uncertainty about the division of roles may arise, for example, at the time when parties are required to enter into a data processing agreement. Recognisable problem?

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23 December 2021 2026
Joanne van Eenennaam |

What is a Data Transfer Impact Assessment ("DTIA")?

The Data Transfer Impact Assessment ("DTIA") is a relative newcomer to the field of privacy and data protection law. The emergence of the DTIA is one of the sometimes under-reported consequences of the notorious Schrems II ruling of the Court of Justice of the EU on the transfer of personal data outside the EU.

What is a Data Transfer Impact Assessment ("DTIA") and how do you know when one ought to be conducted?

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14 October 2021 2026
Joanne van Eenennaam |

Consent not suffice as grounds?

Consent of the person whose personal data are processed can provide the legal basis for processing personal data, but obtaining permission does not always qualify as valid.

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02 January 2020 2026
Emilie van Kempen |

I understand that you prefer to sit on your boyfriend's head

The judge is of the opinion that the employee, certainly as a MT member, should have known better and should have understood that his comments were taken very serious by the employer.

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03 December 2019 2026
Morgane Veenhuijzen |

Interview(s) LIVE op AvdR Legalflix

Morgane is toegetreden tot "First Ladies of law"

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17 September 2019 2026
Armin Karimi |

Can an employer require use of fingerprint scanners?

Shoe retailer Manfield may not require employees to log in to the cash register system through fingerprint scanners. The Amsterdam District Court recently decided that. What are the rules for biometrics in the workplace?

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02 September 2019 2026
Armin Karimi |

Dutch AP provides practical information about processors

The Dutch Data Protection Authority (AP) has published practical information about "processors". The publications have been made in the context of the campaign "What does the privacy law mean for you/your company?"

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19 February 2019 2026
Armin Karimi |

The GDPR and freedom of expression: can everyone be a journalist?

In a recent case before the Court of Justice of the European Union (ECJ), mr. Buivids had made a video recording during his visit to a Latvian police station. He was there to be questioned about a fine that was imposed on him. He subsequently posted this video, on which police officers are recognizable, on Youtube.

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12 February 2019 2026

Is your software license policy in order? Do the software check (pre BSA)

During the audit, an expert will describe in detail which software has been found on the computers present at the moment of the audit. It is then up to you to demonstrate that these installations were legitimately performed. If you fail to do so (sufficiently), compensation will be claimed.

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10 January 2019 2026

Right of access to personnel files

Does an employee has the right to inspect his or her entire personnel file?

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02 January 2019 2026

Pledge on software

Many deeds of pledge contain a very general description of the goods on which that pledge is established. For example: "on all current and future business assets". But does this also include goodwill? And software?

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25 September 2017 2026
Emilie van Kempen |

What about the zero-hour employment contract?

In the Netherlands it is possible to agree on a zero-hour contract between employer and employee. A zero-hour contract ís an employment contract. In the contract is only not mentioned and therefore not agreed upon when and how often an employee is called for work and actually will work. Instead, the contract states that the obligation to perform the work is postponed until the on-call employee / employee is called by the employer to work.

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