Reinier advises national and international companies
reinier.russell@russell.nl +31 20 301 55 55In the second quarter of 2022, there are again a number of changes in laws and regulations. This blog highlights the most significant changes for entrepreneurs and employers.
As of 1 July, the amounts for the statutory minimum wage and minimum youth wage will change again. We would also like to point out a number of significant changes in employment law as from 1 August. I.e. an extension of the employer’s obligation to provide information and changes in the rules for employee training and ancillary activities. These changes are particularly important for the standard employment contracts you are using and contracts you conclude with new employees. As from 2 August, part of the parental leave will become paid leave.
Real estate agents will have to work with an automatic bidding log book. It records all the bids on a property and is meant for the seller. If prospective buyers have doubts that the purchase process is fair, they are entitled to see an anonymized version of the log book. Initially, this will be regulated via the real estate agents’ code of conduct. If this does not work sufficiently, it will be converted into legislation.
As of 1 July, homes must have smoke detectors on each floor. In the case of rented accommodation the landlord is responsible for this. The replacement of batteries is for the expense of the tenant, unless parties agree otherwise.
As of 1 July, large companies must pay invoices of SMEs and freelancers within 30 days. They are no longer allowed to agree on a longer term.
Vendors of smart devices and streaming services have been required to provide security and software updates since 27 April 2022. It is possible to exclude this obligation if the customer explicitly agrees tot his, It is not possible, however, to state in the general conditions that you do not provide updates.
If customers can obtain digital goods in exchange for personal data, from 27 April 2022 they will have the same rights as if they had paid the goods with money. This includes, for example, the right to repair or replacement if a product does not work properly. After the dissolution of the agreement, the dealer may no longer use the other data he has received from the consumer. The dealer must also provide these date to the consumer upon request and free of charge.
The period during which the burden of proof for a defective product lies with the vendor, has been extended from 6 months to 1 year after the sale, as of 27 April. Does a product break down within this period? In that case the starting point is that the product is defective. The vendor must take care of repair, replacement or repay the money to the customer. This also applies to second-hand goods.
Do you offer products with a discount? Since 28 May 2022, this must be an actual discount and must not be misleading. The “original” price must therefore be the lowest in the 30 days preceding the discount offer. Thus it is no longer permitted to raise the price for a few days and use this as the “original” price so that it seems as if the discount is a lot higher than it actually is. This rule does not apply to:
Also, on 28 May 2022 the maximum fines for the use of unfair commercial practices were significantly increased. It used to be 1% of the annual turnover up to a maximum of EUR 900,000. Now it is 4% of the turnover. If it concerns activities that are on the black list of misleading and aggressive trade practices, it can even be 10% of the turnover. There is no maximum amount. There is only a maximum amount if the amount of the turnover is not known: EUR 2,000,000.
Such unfair practices now also include the posting and commissioning of false consumer reviews. Vendors are only permitted to post such reviews if they have been screened for authenticity. In addition, they must explicitly state when products are placed higher on a website because the supplier has paid for it.
Do you have any questions about upcoming changes or are you looking for legal assistance and advice in a dispute? Please contact us:
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