NETHERLANDS Law and Practice Contributed by: Yvette Borrius, Emille Buziau, Marit Balkema and Daphne Beunk, Florent B.V.
14.2 Growth Areas In light of the recent WAMCA legislation regard- ing redress of mass damages in a collective action, enabling fairly easy access for aggrieved parties to claim damages, it is expected that this practice will continue being an area of growth for commercial disputes. The volume of mass claims relating to privacy breaches, investor related disputes, securities litigation, cartel fol- low-on damages and Environmental Social and Governance (ESG) is on the rise. Case law as well as the EU Corporate Sustainability Report- ing Directive (CSRD), the EU Corporate Sustain- ability Due Diligence Directive (CSDDD) and the revised Dutch Corporate Governance Code are expected to play a crucial role in the foregoing.
In addition, technology will have a lasting impact on various aspects of commercial litigation in the following years (including the use of sophisti- cated intelligent research tools). The widespread adoption of artificial intelligence and machine learning is also likely to give rise to legal dis- putes. These disputes may encompass ques- tions regarding accountability for the actions of software and the ownership of intellectual property rights related to inventions generated by software.
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