16 April 2026
Operational and financial lease: what are the differences in the context of business financing?
The distinction between operational lease and financial lease is important in the context of business financing.
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Every business is confronted with issues surrounding personal data.
Dealing with these data is strictly regulated in the Personal Data Protection Act (Wbp). These rules were tightened as of 1 January 2016.
An organisation may collect and process personal data only in accordance with the law. The level of protection that is considered suitable for this depends on the sensitivity of the data. It also depends on the way in which it is stored. The person to whom this data applies has certain rights. For example, they have the right to information about the use of their data and can require the data to be corrected if it is incorrect. Finally, the organisation may not keep the personal data longer than necessary.
One of the most important changes is the obligation to make notification about data leaks. The organisation is obliged to make a notification of an infringement in security to the Data Protection Authority, if there is a significant chance that there will be negative consequences for the protection of personal data. The affected people must also be notified of the infringement if the infringement will probably have negative consequences for their personal life as well.
In many cases, a business works together with another business to process personal data. This company is identified as the “processor”. The responsible person is obliged by the Wpb to ensure that the processor also observes the core conditions for the protection of personal data.
The Data Protection Authority can impose administrative fines for violations or if the responsible person acts in conflict with other obligations arising from the Wbp.
Therefore, it is necessary to ensure that every business which collects and processes personal data complies with the demands of the Wbp. Existing and new contracts must be examined with respect to this, and the organisational arrangements must also take into account the obligations arising from this Act. In order to be able to notify Wpb about a data leak immediately, the responsibilities and tasks should be clearly assigned in advance. GMW lawyers will be happy to assist you with examining points for improvement, your organisational arrangements and how to make agreements with your business partner regarding the processing of personal data.
GMW lawyers will be happy to help you with all your intellectual property issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our experts will be glad to support and advise you.
GMW lawyers will be happy to help you with all your intellectual property law issues. Do you have a question? Feel free to contact us.
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16 April 2026
Operational and financial lease: what are the differences in the context of business financing?
The distinction between operational lease and financial lease is important in the context of business financing.
Read more
26 March 2026
The conditions for a bank guarantee to lift a seizure
Provisinal (or prejudgment) seizure of a bank account is a powerful tool for creditors to safeguard their recourse position, before a court has ruled definitively on a claim. For the party whose assets are attached, however, such attachment can be highly disruptive.
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23 February 2026
Directors’ liability: often claimed, difficult to prove
Directors’ liability sounds threatening. In practice, however, a claim brought by a bankruptcy trustee is difficult to win. The threshold for directors’ liability is high. It therefore pays to take a critical look at such liability claims and to provide a solid defence.
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27 November 2025
Interpretation of contracts: the Haviltex-ruling
Most business disputes arise from differing interpretations of agreements. That is not surprising. As Paul Scholten already said in 1909: “Words are never clear on their own.”
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2 October 2025
Purchase agreement for electric cars and non-conformity
In a ruling of the Supreme Court on 28 June 2024 concerning non-conformity in the purchase of an electric car, an important decision was made regarding the vehicle’s driving range.
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8 September 2025
General Banking Terms: impact on your business
When you enter into an agreement with a bank for a loan or a credit facility (hereinafter referred to as a “financing agreement”), you will often see that the General Banking Terms (Algemene Bank Voorwaarden or ABV) apply to that agreement.
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3 September 2025
What to do as a creditor in a bankruptcy?
What you can do as a creditor in the event of a bankruptcy: from your rights and options to the role of the trustee and supervisory judge, and the ways in which a bankruptcy can be concluded.
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15 July 2025
Termination of financing by the bank: once again it comes down to reasonableness and fairness
The District Court of Limburg recently issued a judgment on the immediate termination of a credit agreement.
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2 June 2025
Can you start legal proceedings for €0,01?
On 26 November 2024, the Rotterdam District Court ruled on a case involving an amount of €0,01. Despite the minimal value, the court decided that there was insufficient interest to proceed. This judgment highlights the principle that a claimant must have sufficient interest to initiate legal proceedings.
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