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ICT laws and regulations (overview)

Complex but regulated

There is no single ICT law. ICT law and regulation has several regulations. These can include Information Technology and Internet law:

  • The Copyright Act (including art 45h et seq.);
  • The Databank Act;
  • The Dutch Patent Act;
  • The Law on Topographies of Semiconductors (Microchips);
  • And EU directives on those subjects.

Related to ICT law are the following laws or legal doctrines:

  • The Telecommunications Act;
  • The Personal Data Protection Act – privacy law;
  • The ‘Cyber crime convention’ o.a.;
  • The Bankruptcy Act, e.g. in relation to software.

The Civil Code a.o. on:

  • ITC liability; source code escrow; pledge (6:162; 7:600, 3:236 ev BW)
  • Contract law; distance selling (e-commerce) (7:46 a-j BW)
  • Liability in electronic legal transactions (6:196 b BW)
  • Information society services (3:15d and 6:196 c BW)

This is not an exhaustive list. There is also case law as a source of law.

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