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Specialist Guide to the

Global Leaders in Media Law Practice

Developments in the Dutch media sector continue apace, with a brand new press publishers right, regulators joined forces on digital markets, opening of online gambling, two new public broadcasters and a pending merger of the two key commercial broadcasters and market entry of international VOD operators.

The Dutch Media Act is up to the EU standard. Competition regulator ACM will be market-testing new public services.

The Dutch Media Authority will also regulate user generated content on video platforms, a key novel regulatory feature. Meanwhile numerous international operators follow Netflix’ example and formally settle in the Netherlands. Sometimes for political reasons, e.g. critical Polish news broadcaster TVN24 whose Dutch license will become effective if and when its Polish license is revoked. This year will likely also see further steps on the investment obligation in Dutch content for VOD-providers.

Meanwhile regulatory review of the intended merger of the two largest commercial broadcasters RTL Nederland and Talpa is pending at the time of writing. If approved, the combination hopes to compete head on with attractive Dutch content with Big Tech and international media. On the other hand, the Dutch public broadcasting system welcomes two new entrants with outsider positions to a system that has often been criticized as being too much of a closed shop.

In its 2021 Media Monitor survey the Dutch Media Authority signals increasing digitalization of media consumption, streaming becoming mainstream, and continuous media convergence; Dutch media players turned the corner to a fully digital future. Its annual Digital News Report, jointly with Reuters Institute for the Study of Journalism, notes Dutch audiences appreciate objective and balanced news and trust their news media.

The year 2021 also saw the implementation of the press publisher’s right. Like their counterparts elsewhere in the EU and beyond the joint Dutch news operators are looking into collective enforcement of their new right.

On the regulatory front, the Dutch media, competition, financial and data protection authorities have joined forces in their digital enforcement efforts and announced a cooperation platform to share knowledge and experience on themes such as AI, algorithms, and digital manipulation.

The ACM broke important ground in its investigation Apple’s app store. Access regulation to large cable and network operators may also be on the table again. The opening of the online gaming market resulted into a surge in advertising, closely monitored by the Media Authority and the Games of Chance Authority.

Finally, the courts remain busy with a broad range of media-related matters. The GDPR remains center stage, a notable trend being the increase of data protection class actions and damages claims. The (lack of) delisting policy of platforms such as YouTube and LinkedIn has been challenged, sometimes successfully, as courts appear increasingly willing to scrutinize the neutral role of platforms.

Written by

Jacqueline Schaap and Paul Kreijger

Founding Partners

Visser Schaap & Kreijger

NETHERLANDS

TIER 1

Brinkhof Advocaten’s leading position is derived from its comprehensive coverage of media law, from press law and sports to advertising and entertainment. The team handles national and international cases that involve strategic commercial and contractual aspects. The team also advices on production and distribution matters and handles litigation.

Kennedy Van der Laan is a distinguished name in the legal market, noted for its specialist advice on IP and media law. Freedom of speech and copyright law are among core focus areas of the firm. The firm’s media team is recognised for his extensive experience acting for national and international broadcasters, newspaper and book publishers, television producers as well as technology companies and network operators.

The media team at Le Poole Bekema has experience spanning decades. The boutique practice represents clients including Telegraaf Media, RTL Nederland and NOS. Lawyers are highly reputed for their legal expertise and insight, as well as industry dedication.

Composed of highly experienced lawyers, Visser Schaap & Kreijger is a leading firm for media, competition and IP legal advice. Jacqueline Schaap is the firm’s freedom of speech expert who has been involved in pioneering cases regarding defamation, the use of hidden cameras and programme listings. Working with renowned IP expert Dirk Visser, Ms Schaap advises on film contracts and handles disputes relating to television broadcasting. Patty de Leeuwe joined the partnership in 2022 and has a strong practice in IP enforcement and media. Joint founder Paul Kreijger advises on regulation, competition, data protection and electronic media.

TIER 2

Bird & Bird’s strength in media is rarely disputed. The practice handles high profile defamation cases involving public figures, assists international entertainment networks with acquisitions of multiple television channels and represents public broadcasters in injunction proceedings. The team handles a range of cases involving his core areas of specialisation - misleading advertising and freedom of expression.

Media and intellectual property boutique firm Boekx Advocaten has significant experience litigation on behalf of celebrities and private individuals in cases of defamation, libel and image rights. Established in 2005, the practice has a strong client base that includes newspaper and magazine publishers, internet companies, television networks and advertisers. The team has extensive experience with corporate and commercial transactions in the publishing segment and has advised clients from multimedia organisations and cable television.

bureau Brandeis specialises in litigation, with a focus on complex and international disputes. The firm has a dedicated team of around 15 lawyers that know the world of media & entertainment inside out. Being seasoned litigators, the lawyers at bureau Brandeis not only know why most conflicts arise and how to avoid them, but help you win them if you have to. bureau Brandeis' experience in the media & entertainment industry is unrivalled in the EU. The firm is a leading player with regard to IP and contractual matters related to music, books, film, television and new media.

De Brauw Blackstone Westbroek has a distinguished reputation for its sector dedication. Highly regarded by peers, the practice provides advice on a full range of media and entertainment matters. The team has extensive litigation experience nationally and globally. In highlighted work the lawyers assisted Royal Dutch Football Association with a broad range of sports law matters including image rights, television rights and transfer issues.

Lawyers at Hoogenraad & Haak have in-depth knowledge of digital media, film, television, music and social media. The team advises on content-driven collaborations and proceedings for publishers, artists and producers of music.

Van Kaam’s media division has a distinguished reputation for successful defense in cases of defamation. As noted by one client, “They are thorough negotiators, very knowledgeable in the field of civil defamation cases and have an excellent track record in these matters.” The firm also successfully represented RTL Nederland in summary injunction proceedings related to a television production.

TIER 3

Baker McKenzie’s assistance in the area of media law includes advertising, market regulation, defamation and unfair competition. The team works on cases handled by the IP and media practice group, which include multi-jurisdictional transactions.

Entertainment, advertising and copyright feature as core practice areas at De Vos & Partners. The mid-sized practice is involved in test cases involving copyright protection of digital products and the portrait rights of paid footballers in connection with broadcasting images of football matches on television.

Houthoff maintains a strong local position with cable and telecommunications at the core of its focus. With experience advising on regulatory matters, lawyers supervise projects involving The Netherlands Authority for Consumers & Markets (ACM). The practice is appointed by national and international publishers, film and television production companies.

Hoyng Rokh Monégier covers new media, entertainment and advertising. The firm’s media and IP practice in Amsterdam and advises on matters including copyright and regulation. The team has significant experience working on cases connected with television formats, database rights, online betting as well as unfair competition.

TIER 4

Freshfields Bruckhaus Deringer specialises in all aspects of media, IP and IT. The Amsterdam office has a primary focus on corporate and transactional matters. Working on multi-jurisdictional cases, the team assists media clients on issues including regulation, data protection and advertising law.

International firm NautaDutilh has a long-standing presence in the market with offices in neighbouring jurisdictions. The TMT practice provides clients with over two decades of experience of advising and litigating in commercial and regulatory matters.

TIER 5

The Amsterdam TMT division at Clifford Chance, provides transactional and regulatory advice on mergers and acquisitions, compliance, antitrust and competition. The firm focusses on cross-border work connected with sports, intellectual property, public policy and regulation

CMS focusses on sports and data protection, with a separate division for each. Sports is among the firm’s core areas of expertise. Lawyers assist with sponsoring, portrait rights or transfers. The team works on a range of sector-related cases that include privacy and copyright elements.

International media work at Greenberg Traurig includes entertainment, gaming, sports and marketing. The firm’s local emphasis on media incorporates copyright law, contractual aspects and litigation. The IP and entertainment group specialises in copyright law and is known for its litigation services. The firm is also highlighted for its work with gaming industry clients.

Stibbe’s TMT group is organised through the firm’s three Benlux offices, providing cross-border coordinated advice. Lawyers advise on matters ranging from broadcasting rights and sector-related tax to regulation and commercial contracting.