16
votes
Does receiving an email informing me of a change in policy mean I automatically agree with it, unless I object?
What does the contract say?
If it says that they have the right to unilaterally alter the terms by providing you with notice by email, then they have the right to unilaterally alter the terms by ...
- 226k
14
votes
Accepted
Trademark-application denied due to company name which describes activity
Yes, that's true
Common words are not trademarkable, as is a descriptive phrase, because a trademark needs to be distinctive. As the Netherland Trademark Office tells you, your mark can't fit in any ...
- 45.2k
6
votes
Accepted
Is it legal to alter and resell a product under its original name?
This sounds like legal nominative use to me.
The issue is trademark.
Trademark law isn't a monopoly on using the trademark, it is a prohibition on using the trademark in a way that misleads a customer ...
- 240k
6
votes
Accepted
Cannot afford speeding ticket Netherlands
I looked for a link to the CJIB pages on paying fines in monthly bits. It is here: https://www.cjib.nl/betalen-delen-aanvragen-voor-een-verkeersboete.
He will have to make a request for such an ...
- 76
6
votes
Without judicial review, what is the point of the Dutch constitution?
Compliance with the Dutch Constitution is evaluated pre-enactment, rather than post-enactment as indicated below.
The Dutch Constitution prohibits the courts from reviewing the
constitutionality ...
- 240k
6
votes
Accepted
Package recieved after full refund, illegal to keep it?
It is their property, so keeping it without permission could well be seen as theft. I think you are obliged to make reasonable attempts to notify them you have their property before using it or ...
- 610
6
votes
Accepted
Can you refuse services to businesses you deem unethical?
If you are the CEO of a public company, this might be a problem if it causes less profits for the shareholders. They could fire you if your actions cost them money.
If you are the owner of a business, ...
- 35.4k
5
votes
Accepted
I'm 16 years old and I want to move in with my 18 year old SO, am I allowed to decide this for myself? What can my parents do against this?
Under the Dutch Civil Code article 1:245, "All minor children are subject to authority". Article 1:247 says that "Parental authority comprises the duty and right of the parent to care for and raise ...
- 217k
4
votes
Accepted
Is it legal to create a carbon copy of an application?
The code and the “look” of the user interface is protected by copyright - you can’t duplicate either.
You can create your own app with the same functionality.
- 226k
4
votes
Accepted
Is the car in my possession part of my household effects?
ECJ case C170/3 covers this (BPM on car imports to the Netherlands, when the car was not originally owned by the driver/importer) specifically. There are two requirements:
You must own the car at the ...
- 6,240
4
votes
Can a university in EU refuse to grant me a degree after I completed studies?
This question concerns Dutch law. Specifically, the Wet op het hoger onderwijs en wetenschappelijk onderzoek ("WHW") is applicable, as well as further rules seth forth by the Board of your ...
- 206
4
votes
Accepted
Asked for contract ending, with no response, and still able to use the product
It is rather unclear what the facts are, and the legal answer would depend crucially on those facts. My understanding is that you bought a domain from a provider, and they allowed you to use a web ...
- 217k
4
votes
Forced to sign NDA or no notice period
This is not an NDA (non-disclosure agreement), it is a non-compete agreement. An NDA would tell you that you cannot disclose anything you did or saw at your old employer's place. A non-compete ...
- 35.4k
4
votes
Why, in the JIT's opinion, was it murder to mistakingly shoot down the Malaysian plane over Ukraine in 2014?
Because they were reckless, not negligent
They didn’t make a mistake about the identity of the plane; they shot it down when they didn’t know what it was.
That’s murder.
- 226k
4
votes
Why, in the JIT's opinion, was it murder to mistakingly shoot down the Malaysian plane over Ukraine in 2014?
If the court adjudicated that they didn't shoot the MH17 plane on purpose (they thought, mistakenly, that it was a Ukrainian military aircraft)
The court did assume it was done on purpose.
2022-11-...
- 5,736
4
votes
Is there a government department in the Netherlands regulating sex work?
The Netherlands has a more pragmatic approach towards sex work, in which the government tries to balance the protection of the rights of sex workers with the need to prevent exploitation and abuse.
...
- 395
4
votes
If a Dutch/Indian couple register their baby's birth with India, does it cease to be Dutch due to "voluntarily adopting" another citizenship?
No
First, you have a very advanced child if they are capable of filling out and submitting government forms before their first birthday. I’m University educated and some government forms baffle me. ...
- 226k
3
votes
I agreed on 1 year rent term while signing for 3 years and now landlord wants me to leave
There appears to be an ambiguity here in exactly which terms apply. Under Dutch law, the Contra proferentem principle can be applied. As the rental agreement is typically drafted by the landlord, the ...
- 6,240
3
votes
Accepted
Law regarding toilets use in The Netherlands
Indeed, article 3.24 of the Arbeidsomstandighedenbesluit:
Toiletten en wastafels
In een bedrijf of inrichting zijn in de nabijheid van de ruimten waar de werknemers hun werkzaamheden verrichten een ...
- 40.1k
3
votes
Why can Dutch police order Binance to freeze funds of Colombian customers?
Countries have jurisdiction in criminal matters primarily because either (1) the crime affects people in their country, or (2) the crime is carried out in their country.
The Netherlands is well within ...
- 240k
3
votes
Accepted
Effect of non-compete of ex-employee clause after legal merge in Netherlands
From point 4:
transferring all rights and obligations of Company A to Company B
Among those rights and obligations are the rights and obligations arising from Company A's agreement with Employee. ...
- 40.1k
3
votes
If a party does not fulfil an obligation of a clause, and the other party ignores the failure for a long time, is the clause still legally valid?
Party A has breached the contract
Party A had an obligation that it did not fulfil, providing the section-by-section overview of the costs.
To the extent that Party B suffered damage from each breach, ...
- 226k
2
votes
Criminal liability for neglecting to stop a suicide in the Netherlands
Short answer: No
Long answer:
If you are obligated by law to help suicidal persons, you can get prosecuted.
From Wetboek van Strafrecht, Title XV:
Artikel 255:
Hij die opzettelijk iemand tot wiens ...
- 121
2
votes
Accepted
Can I process the e-mails from my own e-mail account to make statistics?
You most certainly can process names and email addresses. With further details, such as IP addresses, things are more tricky.
Let's have a look at some relevant parts of 95/46/EC:
'processing of ...
- 28.2k
2
votes
I agreed on 1 year rent term while signing for 3 years and now landlord wants me to leave
If it were me, I would leave. Who wants to rent a room in a home where you are not wanted? However, there should be concessions. I would ask for 1.5 months rent refunded, but would happily settle ...
- 963
2
votes
Accepted
Is there any chance to get a loan back from someone in another country? (Loanee is in Ireland, Lender in Netherlands)
You can try the European Small Claims Procedure.
The European Small Claims Procedure is available to litigants as an alternative to the procedures existing under the laws of the Member States. A ...
- 19.3k
2
votes
Where do I find the list of weapons referenced in this Netherlands weapon law?
The secondary legislation related to this law is the Regeling wapens en munitie; as far as I can see, it does not contain a definition for category IV.6, the category that matches the particular ...
2
votes
Foreigners in boards of public owned enterprises
There is not a general answer to this question.
Each government organization is generally going to have an "organic statute" that governs it. It will generally direct who can serve on the ...
- 240k
2
votes
Accepted
Lack of action taken by landlord against a noisy neighbor
Can a therapy organization get away with catering to one patient's needs, despite that being extremely counterproductive to the needs of another patient, especially if the former is the one breaking ...
- 45.5k
2
votes
Accepted
Confidentiality clause in a contract (Netherlands/EU)
I want to create a CV file and include list of the projects (names, maybe screenshots (screenshots are available publicly)) which I worked on, but my old employer says that it will breach the NDA, is ...
- 45.5k
Only top scored, non community-wiki answers of a minimum length are eligible