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On 1 August 2015, the Regulation on product placement for commercial media services 2014 of the Dutch Media Authority (Commissariaat voor de Media - CvdM) entered into force. This Regulation clarifies the rules under the Dutch Media Act 2008 (Mediawet), in particular specifying when and under which circumstances product placement is allowed. In addition, the Regulation points out the main differences between product placement and sponsoring. The Dutch Media Act and the product placement Regulation implement the European Audiovisual Media Services Directive (AVMS Directive) of 2010. Similar to this...

In a series of three ex parte decisions, the Dutch District Courts of Noord-Holland and Limburg have granted injunctions against three uploaders of copyright-protected works via the BitTorrent network. Stichting BREIN (Bescherming Rechten Entertainment Industrie Nederland) (Protection of Dutch Entertainment Industry Rights), a foundation that seeks to protect the rights of the Dutch entertainment industry, filed a suit against the ‘Dutch Release Team’ in ex parte proceedings. The proceedings were successful, as both district courts granted injunctions against the three leaders of the organisation:...

On 1 July 2015, the new Copyright Contract Act (wet auteurscontractenrecht) came into effect in the Netherlands. The law seeks to reduce the existing asymmetry in contractual negotiations between authors and performing artists and exploiters of their material. According to the Dutch legislator, authors’ and performing artists’ dependence on centralised exploiters calls for a stronger legal position for authors and performing artists. The law states that the author or performing artist is entitled to fair remuneration for granting an exploitation right. Furthermore authors and performing artists...

On 9 June 2015, the Dutch data protection authority (College bescherming persoonsgegevens - CBP) announced that Ziggo, which is one of the biggest providers of digital television in the Netherlands, had ended its privacy infringing activities. An investigation, prior to the announcement, had concluded that Ziggo had infringed Dutch Data protection law on several occasions. According to the investigation by the CBP, Ziggo collected and used personal data of subscribers, without correctly informing the data-subjects. Furthermore, the investigation concluded that Ziggo did not obtain the requisite...

In its judgment of 28 April 2015, the Dutch Court of Appeal of Amsterdam rejected a claim to prevent the broadcast of video footage that was acquired in spite of a film ban. The appellants (a producer and the broadcasting organisation KRO-NCRV) wanted to test whether someone dressed in a uniform-like outfit would be able to act like an employee of a given company. They filmed such an experiment in the retail store of the respondent with a hidden camera and a hand-held camera. In a judgment on preliminary relief proceedings, the court of first instance prevented the appellants from broadcasting...