Franchise is an increasingly common form of collaboration to exploit a brand or formula. Properly recording the relationships with franchisees is crucial for the success of the formula. We work for leading national and international but also starting franchise organizations and (interest groups of) franchisees. Thanks to more than 20 years of knowledge and experience in this field, we not only share our legal knowledge, but also practical and commercially relevant experiences as a sparring partner, adviser or litigation lawyer. For international matters or aspects, we have a worldwide network of franchise lawyers.
Tessa de Mönnink
Annelies van Zoest
From 1 January 2024, the Dutch statutory interest and statutory commercial interest rates may be adjusted again. What are the consequences under Dutch law, should your contracting party fail to pay, or pay late?
In our previous newsletters, we discussed the introduction of the Dutch Franchise Act (the “Act” or “Franchise Act”). This Act is effective as of 1 January 2021 and is of mandatory law. Some legal obligations were subject to an implementation deadline until 31 December 2022. This deadline has now expired.
FRANCHISE ALERT: January 1, 2023 is the deadline for implementation of the Dutch Franchise Act. Is your franchise agreement compliant?
The Dutch Franchise Act went into effect on January 1, 2021. The Act is mandatory law and franchisors and franchisees were required to conduct themselves in accordance with the Act as of that date. Specific contractual adjustments also had to be implemented immediately in new franchise agreements and renewal agreements. A two-year transition period applies to current franchise agreements. This expires on January 1, 2023. Franchise organizations still have three months to comply with the implementation obligation.
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.