GDPR - What to expect
As of 25 May 2018 the General Data Protection Regulation (GDPR) will be directly applicable in every EU Member State, replacing the current European data protection laws. Please find herewith an overview of the key new elements in the GDPR.
How to use vlogging or influencer marketing with minimum risk
Vlogging (video weblogging) is a hot item in the online marketing world. Some vloggers have millions of followers on social media; PewDiePie is the absolute frontrunner with 54 million YouTube subscribers. No wonder they are called 'influencers': recommendation of a brand by a popular vlogger could result in a serious increase of profits, making them desirable business partners for advertisers and brand owners. Considering to contract influencers? We discuss 4 topics that should at least be considered to make sure that they add value to your brand.
Pentests: a deadlock for the cyber insurer and insured
As "the best defense is a good offense" many media companies test their IT infrastructure for vulnerabilities by means of a penetration test ("pentest"). Why? To find vulnerabilities that cybercriminals could use for a cyber attack. This is not only important in the context of protection of valuable digital assets, but also in the context of a possible cyber security insurance. A pentest can prevent a lot of damage which is of interest to the insurer too. However, a pentest is not without any danger. Is the damage caused by a failed pentest also part of the coverage? Clear rules in the policy can prevent legal issues in case of a failed pentest.
Blockchain: solving existing problems and creating new opportunities
Blockchain is one of the most hyped technologies over the last years. It has the potential to disrupt existing and also to enable new business models and thus to be game changer in every industry thinkable. The media industry in not different. Blockchain introduces multiple solutions for current problems in the media industry, from uncovering fake news to alternative pricing schemes and ways to distribute royalties. Use cases are already emerging and some applications are ‘alive and happening’.
The due diligence process
If your startup company intends to raise money through a financing round, one of the documents that you will come across is the term sheet. The term sheet usually contains language around the investor conducting a so called 'due diligence process'. The good news is that you are one step closer to getting to yes, the bad news is that a due diligence procedure can be - well let's be honest - a time consuming process. Nonetheless, a due diligence process is a necessary means to get to 'money in the bank’ and therefore very important. This blog will tell you all you need to know about the due diligence procedure.
Key Employees - How to retain them?
Keeping qualified employees - particularly top performers - is a problem faced daily in the TMT- industry, especially when companies merge and/or restructure to seize strategic opportunities. Losing key employees may create a risk for business continuity and lead to the loss of knowledge/intellectual capital and of client relationships. In the worst case the business will not survive if key employees leave instead of adapting to the new owners and management. Therefore, a retention plan is ''key'' to identify, retain and reward these employees. The purpose of such plan is to connect the dots between performance and results, providing a means to create and sustain long-term engagement. The main questions are: which possibilities of retention are provided and which ones are the most suitable under what circumstances and conditions?
How to ring-fence your way out of merger and takeover supervision in the telecom sector
Shareholders in Telecom and IT companies considering an exit should be aware of two new legislative developments. First of all, the Ministry of Economic Affairs has published a draft bill that authorizes the Minister of Economic Affairs to block or undo any acquisition deemed a threat to national security or public order. This proposed bill, The Telecommunications Sector (Undesirable Control) Bill (the "Bill"), was introduced on February 9th of this year as part of a larger governmental effort to prevent unwanted (foreign) shareholders from taking control of companies considered of vital importance to Dutch society – so-called 'vital companies'. Additionally, in September 2017, the European Commission published a draft regulation that provides a framework for the screening of foreign direct investments that could potentially impact national security or public order (the "Regulation"). This Regulation contains a basic set of requirements that member states should adhere to when screening a foreign investment and authorizes the European Commission to issue a non-binding opinion.
Whose tweet is this anyway? How to handle ownership and IP on social media
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.