Franchise
Franchise is an often used business model for the exploitation of a brand or formula. It is of crucial importance that the relationships with franchisees is clearly documented and formalized in a written agreement. We work for prominent national and international franchise brands and formulas, but also for starting formulas and for (associations of) franchisees. As a result of over 20 years of experience and knowledge in this area, we do not only provide you with legal advice, but also with practical and commercial relevant guidance and input, as your sparring partner, advisor or in the capacity as litigator. In case of cross border matters, you can rely on our worldwide network of specialized franchise lawyers.
Annelies van Zoest
partner/lawyer
Tessa de Mönnink
partner/lawyer
Silvie Wertwijn
partner/lawyer
Micheline Don
partner/lawyer
News
In practice: FAQ’s most frequently asked questions about the Dutch Franchise Act
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.
Tightening of statutory payment terms from 60 to 30 days as of 1 July 2022
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
Newsflash distribution & franchise
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.
Recent judgement Arnhem Court of Appeal: a financial forecast is no guarantee for franchisees
A financial forecast is no guarantee for franchisees. Franchisees cannot simply pass on their disappointing turnover results to the franchisor.