Netherlands: Compliance

When a company enters bankruptcy proceedings within the European Union, insolvency practitioners must navigate a complex intersection of duties: administering the estate while ensuring strict compliance with GDPR requirements for processing personal data. The recent Co-Med healthcare bankruptcy in the Netherlands illustrates how modern insolvency practice requires careful handling of sensitive information, from medical records to employee data, while balancing statutory obligations with fundamental privacy

The Court of Justice of the European Union has issued a significant ruling on whether a Dutch construction-sector guarantee provider requires authorisation as a payment service provider under the Payment Services Directive. While the decision is confined to fact-specific circumstances, it has the potential to influence how key regulatory concepts will be interpreted under the forthcoming PSD3 regime...

The Court of Justice of the European Union has ruled on whether an intermediary providing security deposit services falls within the scope of the Payment Services Directive 2. The judgment clarifies when funds transfer activities constitute regulated payment services versus ancillary functions to a primary business offering. This decision has significant implications for financial service providers operating in the European Union.

EU banks now operate with stronger capital and liquidity positions following post-crisis reforms, but attention is shifting to how the framework functions in practice. Fragmentation within the single market, regulatory complexity, and the implementation of Basel III standards are emerging as central policy concerns. France, Italy and Spain are exploring ideas to facilitate cross-border banking activity while the European Commission reviews the sector's competitiveness.

Recent onderzoek toont aan dat 91% van het innovatiebox-belastingvoordeel bij slechts drie grote bedrijven terechtkomt, wat vragen oproept over de effectiviteit van deze fiscale regeling.

The European Commission has proposed a comprehensive recast of the Directive on Administrative Cooperation, consolidating DAC1 through DAC9 into a single legal framework. This legislative initiative aims to streamline and strengthen the EU's administrative cooperation mechanisms in direct taxation, with significant implications for compliance frameworks across member states.

The Dutch Supreme Court has ruled on a fundamental question in pension law: can a company be required to participate in an industry-wide pension fund if it performs only minimal activities within that industry's scope?

The Dutch Central Bank (De Nederlandsche Bank, DNB) is raising concerns about insufficient compliance with capital and liquidity requirements by investment firms and managers of investment institutions (AIFMs).

Dutch tax law offers multiple facilities for tax-neutral corporate restructuring, both domestically and across borders. However, these opportunities require careful planning...