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Patenting of human genes?

By Barbara van der Ven Is it possible to patent the sequence (or partial sequence) of human genes? Genetic research is very important in the fields of diagnosis and treatment of genetic disorders, infectious diseases and non communicable diseases. From the very beginning, genetic research has always been connected with moral and ethical questions, such as […]

Dutch Data Protection Authority imposes processing ban on tax authorities

By Anke Holtland, Jacobine van Beijeren The Dutch Data Protection Authority published its decision last week to impose a processing ban on the Minister of Finance for the processing of Citizen Service Numbers ( BSNs ) in VAT identification numbers by the Tax Authorities. Background of the use of BSNs The Tax and Customs Administration is charged with providing VAT […]

Financial regulatory news updates: November 2018

The Financial Regulatory News Updates: an overview in which our Banking and Finance Practice Group highlights recent legislative developments and publications of supervisory authorities in the financial markets.

European Commission fines Guess in its ongoing crusade against geoblocking agreements

By Marc Wiggers, Thomas Verstraeten On 17 December 2018, the European Commission (‘Commission’) announced that it had imposed an antitrust fine of EUR 40 million on clothing company Guess for illegally restricting its resellers from using the Guess brand names and trademarks for the purposes of online search advertising and making cross-border sales of Guess […]

Are you compliant with the new EU Geo-blocking Regulation?

By Stéphanie De Smedt, Alice Boulvain. Aleksandra Sanak The EU Geo-blocking Regulation applies since 3 December 2018. It impacts many businesses that sell their goods and services online or offline across the EU, including companies offering food supplements or (over-the-counter) medicines, who now need to make sure they comply with these new rules.

Is your pension fund ready for IORP II?

By Bas Dieleman, Robin van der Ham, Laurie Kuijpers The Senate adopted the bill for the implementation of Directive 2016/2341 / EU (“IORP II”) yesterday, on 18 December 2018. The intended date for the entry into force of IORP II is 1 January 2019. The implementation of IORP II leads to various changes to the […]

The implementing Act PSD II adopted by the Dutch Senate

On 4 December 2018, the implementing Act PSD II (Implementatiewet herziene richtlijn betaaldiensten) was adopted by the Dutch Senate (Eerste Kamer) without further debate. The date of entry into force is not yet available. A Decree to further implement PSD  II (Implementatiebesluit herziene richtlijn betaaldiensten) shall also follow.

EU Commission clarifies categories of food supplement additives

By Aude Mahy, Aleksandra Sanak The European Commission has recently amended the Union list of additives authorised for use in food supplements. These products were categorized by their form of supply: solid, liquid and syrup-type or chewable. The latter category often led to interpretation issues. Following the discussions with Member States, the Commission decided to […]

AMC is allowed to produce an equivalent of CDCA if the used resources meet the quality standards

By Aurélie Mingels On the 28th of November, the Dutch Health and Youth Care Inspectorate (‘Inspectorate’) published the results of its investigation into the practice of the Academic Medical Centre Amsterdam (‘AMC’) of the pharmaceutical compounding of an alternative to the medicine CDCA. Leadiant, the pharmaceutical company which owns the rights to the production of CDCA, had filed […]

Guide to new rules for medical devices and in vitro diagnostics

By Vivian den Bakker The Ministry of Health, Welfare and Sport ( VWS ) published a guide on 30 November 2018 with the most important changes in relation to the new European regulations concerning medical devices and in vitro diagnostics. The new regulations set stricter requirements for manufacturers, importers and distributors of medical devices for market authorization in the European Union. In addition, the […]

Dutch Supreme Court provides guidance on the scope of non-deductible costs in relation to the acquisition or disposal of a subsidiary

Costs incurred in relation to the acquisition or disposal of a participation in a subsidiary are treated as non-deductible ‘acquisition or disposal costs’ under the Dutch participation exemption. In a decision published on 7 December 2018, the Dutch Supreme Court has provided rules on how and when to determine which costs will qualify as acquisition […]

Luxembourg: Private equity – Third edition

By Marc Meyers, Jérôme Mullmaier, Maude Royer Private Equity provides a clear and comprehensive analysis of the key issues relating to private equity funds and deals in the key jurisdictions, providing an essential resource for legal counsel and investment professionals worldwide. The third edition is now expanded to cover more jurisdictions than before, including Luxembourg.