Legal departments play a pivotal role in the quality of contracts and contracting processes within an organization. This article reflects on current developments and innovations in contracting practice and their impact on the role of legal professionals and legal departments within organizations. Based on empirical research among legal professionals and legal departments in Dutch legal practice, the article positions contracts and contracting within the legal function of an organization and discusses developments in contract management, automated contract assembly and legal design and their potential impact on the role of legal professionals and legal departments. Finally, areas for future research are identified. Throughout the article, the focus is on large commercial organizations.
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Legal management is een nieuw vakgebied, dat de praktijkvan juridische professionals vanuit een organisatiekundigperspectief benadert. Binnen organisaties heeft legalmanagement het doel de kwaliteit van de juridische functiete optimaliseren. In deze unieke uitgave schetsen experts deontwikkeling van dit nieuwe vakgebied en gaan zij in op destand van zaken van het legal management in verschillendesectoren van de Nederlandse rechtspraktijk: de centrale endecentrale overheid, het bedrijfsleven en de advocatuur.Voor iedereen die geïnteresseerd is in de organisatie vanjuridische dienstverlening en juridische processen.
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Project objectives Radicalisation research leads to ethical and legal questions and issues. These issues need to be addressed in way that helps the project progress in ethically and legally acceptable manner. Description of Work The legal analysis in SAFIRE addressed questions such as which behavior associated with radicalisation is criminal behaviour. The ethical issues were addressed throughout the project in close cooperation between the ethicists and the researchers using a method called ethical parallel research. Results A legal analysis was made about criminal law and radicalisation. During the project lively discussions were held in the research team about ethical issues. An ethical justification for interventions in radicalisation processes has been written. With regard to research ethics: An indirect informed consent procedure for interviews with (former) radicals has been designed. Practical guidelines to prevent obtaining information that could lead to indirect identification of respondents were developed.
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The development of legal frameworks for social enterprises in the Netherlands is described and analysed in this paper, focusing on 2015-2021. The Netherlands are the largest EU member state in population size without a specific legal form or status for social enterprises. A form of legal recognition is in development, but far from finished. Six lessons can be learned from the process: 1) Even in a thriving ecosystem based on ‘bottom up’ development, there is need for a legal framework. 2) Local government initiatives spur national government into action. 3) International examples prove inspirational, but the legal framework needs to fit the local context. 4) Finding balance between rule-based and principle-based elements is difficult. 5) Clarifying advantages for social entrepreneurs proves challenging. 6) Tenacious pioneers are crucial to keep the process going. Pressure on the national government to provide a legal framework that fits the Dutch cultural, political and entrepreneurial landscape remains.
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Recent years have seen a massive growth in ethical and legal frameworks to govern data science practices. Yet one of the core questions associated with ethical and legal frameworks is the extent to which they are implemented in practice. A particularly interesting case in this context comes to public officials, for whom higher standards typically exist. We are thus trying to understand how ethical and legal frameworks influence the everyday practices on data and algorithms of public sector data professionals. The following paper looks at two cases: public sector data professionals (1) at municipalities in the Netherlands and (2) at the Netherlands Police. We compare these two cases based on an analytical research framework we develop in this article to help understanding of everyday professional practices. We conclude that there is a wide gap between legal and ethical governance rules and the everyday practices.
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This study explores legal consciousness of social workers within the framework of the 2015 Social Support Act (SSA) in the Netherlands. The aim of this law is to provide social support and care to citizens with impairments or chronic psychological or psychosocial problems, with the goal of enabling people to live independently and actively participate in society. The SSA grants entitlement to a needs assessment to applicants, essential for accessing personalized provisions. This assessment is a pivotal legal evaluation for persons with disabilities to ultimately exercise their rights under the UN Convention on the Rights of Persons with Disabilities (CRPD), ratified by the Netherlands in 2016. With the use of the concept of legal consciousness, this study aims to contribute to understanding social workers’ experiences, understandings, and actions in relation to law in the context of legal decision-making on behalf of the council.
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Organizations in legal practice, under pressure to do “more for less,” are searching for ways to automate legal work, to improve efficiency of legal service delivery. Automated drafting of contracts (or: contract automation) is one of the areas where technology is—partly—replacing legal professionals. In Dutch legal practice, the number of organizations that are actively deploying contract automation is still relatively small, but growing. This chapter looks at experiences with contract automation of organizations from various sectors in Dutch legal practice. Contract automation can improve legal service delivery to consumers and SMEs, as well as contracting processes within organizations. Several organizations report positive results. However, successfully implementing contract automation, especially for internal use within organizations, is not simple. Tight budgets, resistance to change and poor integration with other software are some of the problems that organizations may encounter. Generally, human and organizational factors are often at least as important as the technological aspects. Successful implementation of contract automation requires design thinking, a proactive approach and process-oriented (legal) professionals. Regardless of these difficulties, the use of contract automation software in Dutch legal practice can be expected to increase, due to several factors. The number of organizations that are offering contracts (and other legal documents) online to SMEs and consumers has grown rapidly over the last years. Contract automation is not only offered to consumers and SMEs by commercial parties, but also by branch organizations, as a service to their members. Consumers and SMEs will become used to these self-help solutions for legal matters. Legal publishers are also increasing the offering of automated contracts and other legal documents. In addition, law firms and consultants are promoting the use of contract automation within client organizations. Finally, many corporate organizations are increasingly exchanging experiences on improving legal operations and the use of Legal Tech, including contract automation. Eventually, increased use of contract automation may drive further harmonization of contracts within sectors and facilitate other technological applications, such as the automated analysis of contracts.
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Self-organisation in environmental service delivery is increasingly being promoted as an alternative to centralised service delivery. This article argues that self-organised environmental service delivery must be understood in the context of legal rules, especially environmental legislation. The article’s aim is twofold: first, to understand the changing relationship between the government and citizens in self-organised service delivery, and second, to explore how self-organised environmental service delivery complies with environmental quality requirements stipulated in legislation. The empirical study focuses on wastewater management in Oosterwold, the largest Dutch urban development that experimented with self-organisation. The results show that while individual wastewater management was prioritised and implemented at scale, the applicable legal rules were not adequately considered and integrated. Consequently, the experiment led to a deterioration of water quality. The article concludes that the success or failure of self-organisation in delivering environmental services such as wastewater management critically hinges on ensuring compliance with environmental legislation.
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This report relates to the Horizon 2020 project entitled ‘Making City’. The report was conducted by the Hanze University of Applied Sciences to the benefit of theMunicipality of Groningen and other consortium partners in the Making City project and addresses the legal impediments that may arise when creating and achieving a Positive Energy District (PED). In doing so, it specifically addresses the situation in the city of Groningen and the legal framework of the Netherlands.This report highlights legal developments of (upcoming) EU and mostly Dutch legislation related to a PED, such as the Collective Heat and Supply Act (Warmtewet) and the Environmental Act. Moreover, smart contracts used in the Block chain technology is discussed and a chapter on Intellectual Property legislation is included which becomes relevant when using new innovations and technologies. Furthermore, it identifies certain legal barriers that emerged in the establishment of the Groningen PED.
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