On 1 July 2017, the Act to amend Book 6 of the Dutch Civil Code in connection with combating unreasonably long payment terms entered into force. This was a private member’s bill regulating that large companies cannot agree on a payment term of more than 60 days in their commercial relationship with SMEs in situations where the large company acts as debtor and the SME acts as creditorread more
After a thorough review of the rules from 2010, the European Commission approved the new Vertical Block Exemption Regulation (VBER) and the accompanying new Vertical Guidelines on 10 May 2022. The revised VBER and vertical guidelines will enter into force on 1 June 2022.read more
A financial forecast is no guarantee for franchisees. Franchisees cannot simply pass on their disappointing turnover results to the franchisor.read more
The minimum implementation period of at least 2 months, i.e. the period between the date of publication and the date of entry into force, has not been respected.read more
As of 1 January 2021, the Dutch Franchise Act is in force. This Act regulates the relationship between franchisors and franchisees, mainly to protect the legal position of franchisees.read more
The Franchise Act will (almost certainly) enter into force on January 1, 2021. This will be a historical event for the Netherlands, for it is the first actual Dutch Franchise Act. The impact of the new Act on practices of franchise organizations is major and requires adjustment not only as to method of operation but also of franchise agreements.
Franchise agreements must contain a clause on how goodwill, if any, must be assessed within the franchise company upon termination of the franchise agreement (Article 7:920 Dutch Civil Code).