Code of Conduct Against Inappropriate Behaviour in the Workplace: New Legislation Coming
Many employees still find it difficult to report inappropriate behaviour, either because they’re unsure if it’s serious enough or because they don’t know where to turn. Employers also sometimes struggle to draw the line. A clear code of conduct can help by defining in advance what constitutes inappropriate behaviour within the organization, preventing misunderstandings, and allowing for quicker intervention when necessary.
Is the bank liable for fraud? Court: ING must disclose fraud signals
ING was required by the court to clarify what was known within the bank about fraud, such as reports or suspicious transactions. Banks are not only responsible for their own customers, but also for third parties who suffer damage due to fraud by customers. If a bank is aware of abuse, it must intervene. A mere suspicion is not enough; there must be actual knowledge. Victims often struggle to prove this, but the court ruled that they must be given the opportunity to support their case.
Temporary agency work should not become a loophole to avoid permanent contracts
The question of whether a temporary worker can work for thirteen years with the same client company without ever being offered a permanent contract is currently before the Dutch Supreme Court. This is the first time that the highest court in the Netherlands has addressed the limits of long-term outsourcing in the context of the European Temporary Agency Work Directive. On March 21, 2025, Advocate General De Bock provided her opinion, stating that the argument of a ‘flexible workforce’ is not sufficient to justify thirteen years of temporary work. According to her, this constitutes an abuse of the temporary staffing arrangement. She strongly criticized the court that previously ruled that long-term outsourcing was acceptable.
AML – How to Effectively Implement Transaction Monitoring?
A financial institution should actively monitor its customers’ payment traffic through transaction monitoring with the aim of identifying unusual activity (including unusually large transactions, transactions to/from high-risk countries, or deviations from a customer’s expected payment behaviour etc.). But transaction monitoring is also essential for lenders, factoring companies and crowdfunding platforms, where payments are usually made via bank transfers or direct debits, to comply with Wwft rules. Read more about this in our latest article.
Joint Approach to Money Laundering by Dutch Banks Under Fire!
Banks are obliged under Dutch (and European) law (the Prevention of Money Laundering and Terrorist Financing Act, “Wwft”) to monitor all financial transactions of their customers for possible criminality. But the big Dutch banks’ joint money laundering approach undermines European legislation (AMLR) and must stop.
Navigating the Waters of Director’s Personal Liability and Its Inheritance: A Legal Perspective
Personal liability for a company’s debts can now be inherited. A director’s personal liability for a company’s outstanding debts does not simply disappear on death. Instead, this responsibility is transferred to the director’s heir(s).
Strategic decision-making, transparency and the need for comprehensive legal and financial preparation are of great importance to anyone involved in or connected to the business sphere. Understanding these dynamics and preparing for their implications is crucial for both protection and forward planning.
Deliveroo’s legal legacy: a tale of two jurisdictions and the shifting sands of the Gig Economy
The Dutch and UK Deliveroo rulings show that similar scenarios can have vastly different outcomes in different jurisdictions. Entrepreneurs planning to expand internationally must be mindful of the variances in legal frameworks and regulations across borders. A lack of preparation for international expansion can lead to costly setbacks rather than successful growth.
EU Directive transparent and predictable terms of employment and the ‘free’ training
Since the implementation of the EU Directive on transparent and predictable terms of employment the Dutch law explicitly states that employer is obliged to have the employee follow training and courses necessary for his/her job at the employer’s expenses.
European Parliament adopts Pay Transparency Directive – first step to equal pay!
Adopting the Directive is the first step in making salaries more transparent as the lack of pay transparency has proven to be one of the main obstacles, if not the major one in closing the gender pay gap women (of EU) so badly need.
International Women’s Day – still many obstacles to overcome
International Women’s Day, the day when women are recognised for their achievements, nevertheless reminds every year that women still have a long way to go before they are economically equal to men. Equality in wages is far from being achieved. Latest calculations show that it will take another 63 years to achieve full equality. Several national attempts have failed to produce results in any case. The EU is voting this month on new wage rules that will allow equalisation of pay for men and women.