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On 11 April 2019, in response to its market study into mobile-app stores, the Netherlands Authority for Consumers and Markets (Autoriteit Consument & Markt, ACM), announced that it will investigate whether Apple abuses its dominant position in its App Store. Under competition law, if a business enjoys a dominant position, this should not undermine competition, and businesses should be able to compete fairly with each other. ACM’s remit is to ensure that markets work well for businesses and their consumers. Since Apple and Google have attained strong positions in the market of mobile app stores,...

In two decisions of 26 February 2019 and 12 March 2019, the Dutch Media Authority (Commissariaat voor de Media - CvdM) fined two Dutch public service broadcasters for infringing the Dutch Media Act (Mediawet 2008). According to the CvdM, the public broadcasters are both liable for prohibited forms of expression in one of their television shows. Under the Dutch Media Act, media offered by public service broadcasters are not allowed to contain avoidable expressions (vermijdbare uitingen) that clearly have the effect of promoting the purchase of certain products or services (article 2.89). This provision...

In a press release of 7 March 2019, the Dutch Data Protection Authority (DPA) declared that websites must remain accessible for Internet users who refuse to give consent to the placement of tracking cookies. Websites that only grant access to their site after visitors have given consent do not comply with the free consent standard set by the General Data Protection Regulation (GDPR). In the Netherlands, cookie placement is regulated under the Dutch Telecommunications Act (Telecommunicatiewet). Under article 11.7a of this Act, consent is required to store or to receive access to information on the...

In a judgement of 22 December 2018, the District Court of Limburg ruled that a Dutch political party, the Socialist Party (SP), had not acted unlawfully by posting on a website called foutevastgoedbazen.nl (wrongrealestatebosses.nl)) and on a Facebook page statements about a real estate company, Metroprop, which owns a large number of properties in Heerlen, a city in the South of the Netherlands, and about its managing director. The website was an initiative of citizens of Heerlen and the political party aimed at protesting against what they call “wrong real estate bosses”, such as the managing...

In a judgment of 12 December 2018, the District Court of Amsterdam ruled that the Dutch collective rights management organisation Buma/Stemra acted unlawfully by charging two different fees based on a distinction between “private use” and “professional use” to users of online music streaming services. The lawsuit was filed against Buma/Stemra by several producers of background music - all members of the Associated Business Music Distributors (hereafter: “ABMD” or “the claimants”). AMBD members offer background-music subscriptions to several businesses, such as shops, restaurants and gyms. Their...