Blogging about media: cyber attacks
It's the nightmare of any organization: a cyber incident. The Dutch Data Protection Authority recently published that no less than 161 data leaks in hospitals and clinics were reported in the first quarter of 2017, while the entertainment industry is also a regular target. With the ever present danger of a cyber attack, every organization should prioritize cyber security. Also considering the reputational damage flowing from media attention.
Mounting appetite for 'carve-out' deals
According to a survey by Aurelius Equity Opportunities, a pan-European special situations investor, which was published yesterday, European and UK companies are expected to accelerate the sale of non-core businesses. Macro-economic factors, predominantly Brexit, pressure on boards to sharpen their focus (e.g. Unilever carving-out its spreads business) and private equity's intense search for non-core, underperforming business units with high potential, are driving the pick-up in corporate carve-out activity across Europe.
Blogging about social media: advertising and intellectual property rights
Inviting a popular DJ to stay at your hotel and post about it on Facebook? Having your product promoted by a YouTube star with hundreds of thousands of followers? It's booming business and advertisers are seeing plenty of opportunities for this 'new' form of communication. But using DJ's and vloggers as ambassador also requires advertisers to give some thought to related legal issues.
Brexit Blog #1: Relaxation financial remuneration rules also applies to Brexit banks and insurers
Financial businesses are starting to leave the United Kingdom now it has notified the European Union that it is leaving. Will financial businesses leave the United Kingdom now it has notified the European Union that it is leaving? Lately, a number of measures have been taken for relaxing the financial remuneration policy for banks and insurers. These will therefore also apply to banks and insurers wishing to settle in the Netherlands from the UK, and represent a substantial relaxation of the rules that currently apply. Let's have a closer look at these rules.
Content is king, so optimize your intellectual property!
Dealmakers in the Technology, Media and Telecommunications sector know it: content is king, and the drive to snap up that content is very much alive in the sector. Last year's largest deal between giants AT&T and Time Warner reflects this, and it shows the trend across media and technology to own both content creation and distribution. The one controlling the content, is the one determining its distribution, and ultimately its value.
Today's self-employed worker without employees: the self-employed worker without projects?
In the TMT sector (technology, media and telecom) it is not uncommon to work with self-employed workers or to hire contractors for certain projects. This provides flexibility and the client doesn't owe income tax and national insurance contributions. Furthermore, most (protective) rules related to employment law are not applicable, including continued payment of wages during illness.
2016 Key term sheet take aways when investing in start-ups and scale-ups
Brexit, the US elections, blockchain, Cyber, AI and IoT are just a couple of interesting (legal) topics that have kept us busy this past year. As we approach the end of 2016, it is worthwhile reflecting on the events that have kept us busy this year. Besides these topics, the start-up industry has also received significant attention. Data* shows that the European continent is becoming an increasingly popular place for entrepreneurs to start their business, especially for tech start-ups. On the M&A and funding front, this year could be a record year in terms of capital invested and the number of tech deals throughout Europe. There were even twice as many tech exits (or should we call them te(ch)xits) in 2016 as compared to 2015 and 2014. Looking at the numbers it appears that there has actually never been a better time in history to start a tech company in Europe.
Blogging about vlogging
Do's & dont's in agreements about vlogging: a good contract takes preference over supervision by the Dutch Media Authority
It's trending for some time now; amongst viewers there is an increased use of online video that is replacing traditional broadcast. Especially the group called millennials view everything online; this group can hardly be targeted anymore with tv, print or radio. A consequence of this is that companies are shifting their advertising budgets from traditional to online media. These online advertising budgets amongst others are spent on influencers or vloggers. Vloggers are an interesting group; each vlogger has its own public and thereby is a perfect target for advertising. Also it has a reach that is much bigger than that of traditional media. For example: vlogger PewdiePie has about 320 million views per month. His online content is interesting for any advertiser, especially since one can analyze precisely who is viewing. Are his viewers game loving youngsters? Than one can aim ones advertising precisely on that target group.
Management of real estate funds, when VAT exempt?
In response to the ruling of the European Court of Justice (ECJ) on 9 December 2015, in de the case, C-595/13 "Fiscale Eenheid X N.V. c.s., the Advocate General of Dutch Supreme Court has taken a new conclusion.
The right to place an item on the agenda of the general meeting; illustrated by the Boskalis/Fugro affair
Under Dutch law, a distinction is made between the right to attend and address (speak at) a meeting (vergaderrecht) and the right to put items on the agenda to be discussed and/or voted about (agenderingsrecht). In order to put an item on the agenda, those with voting rights need to represent at least 3% (public limited company) or 1% (private limited company) of the issued and outstanding share capital, unless the articles of association of the company determine a lower threshold. The general meeting can only resolve on company matters on which they have decisive power. Decisive power exists for matters which concern a change of the identity or nature of the company or its business and all matters on which the management board or others that do not have decisive power. Unless the articles of association determine otherwise, decisive power is not recognized for items that concern the strategy of the company. This power is exclusively attributed to the management board. Voting on an item on which the general meeting has no decisive power does not have legal effect.