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On 3 March 2015, the Commissariaat voor de Media (Dutch Media Authority - CvdM) published its decision of 3 February 2015 with regards to the application of Netflix as a commercial on-demand audiovisual media service. In this decision, the Dutch Media Authority accepted Netflix’s application. The result is that Netflix is, from now on, supervised by the Dutch Media Authority in Europe and should adhere to the Dutch Media Act (Mediawet 2008). On 1 January 2015, Netflix International B.V. changed its place of establishment, switching from Luxembourg to the Netherlands. On 9 January 1015, Netflix...

In a judgment on preliminary relief proceedings on 16 January 2015, the District Court of Midden-Nederland refused to prevent a television broadcast that might harm someone’s personal and business interests. The case demonstrates how Dutch courts balance freedom of expression and the right to respect for privacy. The plaintiff worked as a physiotherapist and was convicted for possessing child pornography in 2007. The defendant intended to devote attention to the plaintiff’s conviction in a television broadcast about the Dutch Health Care Inspectorate. The plaintiff claimed that the defendant should...

On 12 February 2015, the Amsterdam Court ruled on a case where the plaintiff requested that Google modify its search results based on search queries containing certain words including, but not limited to the plaintiff’s name. This is the second occasion where the Amsterdam Court has been asked to rule on this subject, popularly referred to as the “right to be forgotten” (see IRIS 2014-10/25). The facts of the case were the following. The plaintiff, a well-known partner at the auditing company KPMG, became involved in a dispute with his contractor, who was reconstructing the plaintiff’s home. The...

On 13 January 2015, the District Court of Amsterdam declared the appeal by the broadcaster Sapphire against a decision refusing to grant it exemption from the European works quota for the years 2008-2012 inadmissible, as exemptions cannot be granted retrospectively. The Audiovisual Media Services Directive mandates that broadcasters are required to include a certain percentage of European works in their programming schedules. TV channels in the Netherlands should reserve more than half of their transmission time for European works, on the basis of Article 3.20 of the Dutch Media Act (Mediawet)....

The Dutch Telecommunications Data Retention Act (Wet bewaarplicht telecommunicatiegegevens) has been suspended as of 11 March 2015. The Act required providers of public telecommunications services and networks to retain traffic and location data of telephone and internet communications, for the purpose of investigating serious crimes. Telephone data had to be retained for twelve months; internet data for six months. The Act implemented the Data Retention Directive (2006/24/EC) (see IRIS 2006-3/110), which the Court of Justice of the European Union (CJEU) invalidated in the Digital Rights Ireland...