All companies deal with commercial contracting. Either with customers, suppliers or partners. These arrangements are an important part of a successful business relationship, also when such relationship ends. We have longstanding expertise with drafting commercial contracts, legal advise and litigation in this field both for national and international clients. Our expertise includes amongst others (product) liability, general conditions, consumer law, license agreements, research- and development agreements , sponsor-, marketing- and advertising agreements, publishing agreements, sales agreements and supplier warranties. We have specialized knowledge on commercial contracting in new markets such as e-commerce, online sales and distribution, affiliate marketing and online platforms. In case of cross border matters, you can rely on our worldwide network of specialized lawyers.
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 creditor
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.
Unfair Trade Practices in Agriculture and Food Supply Chain Act adopted and in force by 1 November 2021
The Unfair Commercial Practices in Agriculture and Food Supply Chain Act implements a European directive on this subject and will take effect on 1 November 2021. The purpose of the Act is to strengthen the position of the farmer in the chain.
The law focuses on companies that are active in the agricultural and food supply chain.
In a decision of the District Court of Amsterdam of 18 August 2020, a contractual termination clause allowing to terminate the Value Added Reseller Agreement (a so-called “VAR”) with a term of notice of 6 months has been set aside
After a long run-up, the Franchise Act is expected to become reality within soon. Franchisors are well advized to anticipate this upcoming law which will most likely have a very brief transitory period.
Content and Introduction of Act:
The Franchise Act has been adopted by the Dutch Parliament on 16th of June.