Doing Business in the Netherlands 2012 - American Chamber of ...

13.8 Source Code Escrow
Software source code escrow is fairly common in the Netherlands, but
there is no specific legislation. Both active and passive escrow agents
make use of tripartite agreements with the supplier and the end user.
13.9 The Internet and e-Business
The basic principle regarding the Internet is “offline is online.”
(Existing regulations for offline activities will be applied similarly to
online activities, if possible.)
13.9.1 Domain Names
It is generally felt that, in principle, the rightful owner of a trademark
or a trade name should be able to act successfully against the use of
that trademark or trade name in a domain name, irrespective of the
level at which it is used. In the Netherlands, there is an association for
the registration of domain names (“SIDN”). The SIDN has
incorporated Alternative Dispute Resolution for .nl domain names
only. In 2006, the .eu domain name was successfully introduced.
13.9.2 Electronic Commerce Directive
The Dutch government has implemented the EU E-Commerce
Directive into Dutch law. The EU Distance Contracts Directive has
been implemented into Dutch law as well, and contains provisions
protecting consumers in distance, including online, transactions. All
of the Directives mentioned determine some of the legal parameters
for developing and operating E-Commerce in the European Union
market.
13.9.3 Electronic Signatures
The EU Electronic Signatures Directive (Wetsvoorstel elektronische
handtekeningen) was implemented under Dutch law, effective 21 May
2003. It establishes a legal regime for electronic signatures.
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