A commercial agency agreement in the Netherlands is a legal contract between two parties, where one party (the agent) agrees to act on behalf of the other (the principal) in certain business transactions. Are you searching for an agency agreement lawyer in the Netherlands to assist with your agency agreement? We would be more than pleased to be of service. Our knowledgeable lawyers for agency law in the Netherlands possess deep-seated expertise when it comes to crafting and reviewing agency contracts under Dutch law. If there is a dispute regarding an agency contract in the Netherlands or under Dutch law (such as when commissions are not paid), our commercial agency agreement lawyer in Amsterdam can represent your interests during negotiations or discussions with the other side. Should civil court proceedings become necessary, our litigation lawyer in Amsterdam can represent you accordingly.
How is a commercial agency agreement defined?
An agency agreement is a legal document between two parties in which one (the agent) agrees to represent and promote the other’s products or services for compensation. According to Article 7:428 BW of the Dutch Civil Code (“Burgerllijk Wetboek”), such an agency agreement under Dutch law would consist of three elements:
A contract between two parties known as a commercial agency contract under Dutch law is one in which the principal instructs and undertakes the commercial agent, for a specified or indefinite period, to mediate in contract formation and conclusion on behalf of that party without being subordinate to it. Each party must provide the other with a signed document outlining the current content of this agency contract upon request.
Our agency agreement lawyer in the Netherlands would be delighted to advise you regarding your commercial agency contract, especially when it is subject to Dutch law. A commercial agency contract is an essential legal document that helps secure a successful business relationship between a principal and agent. It is recommended that both parties seek legal counsel prior to signing the contract in order to guarantee it meets their needs as well as adheres to all relevant laws and regulations.
Lawyer about the Key elements of a typical commercial agency contract in the Netherlands
What Are the Essential Elements of a Standard Commercial Agency Contract in The Netherlands? Here are some essential components of such contracts:
Scope of Representation: The commercial agency contract should specify the geographic area or market segment that the agent will cover, as well as the products or services they plan on promoting.
Duration of the Agreement: The contract should clearly define the duration of your agreement, including any renewal options or termination clauses.
Commission or Fee Structure: The contract should specify the commission or fee an agent will receive for their services, as well as any terms or conditions related to payment.
Obligations of the Parties: The contract should clearly define the duties and responsibilities of both the principal and agent, such as reporting requirements, training programs, and marketing campaigns.
Intellectual Property Rights: The contract should cover any intellectual property rights associated with the products or services being promoted, such as trademarks, copyrights and patents.
Confidentiality and Non-Compete Clauses: The contract may include provisions related to confidentiality and non-compete agreements, which safeguard the principal’s trade secrets while prohibiting the agent from working for competitors.
Jurisdiction and Applicable Law: Any commercial agency contract should specify the forum and applicable law in case of a dispute.
Goodwill remuneration under Dutch law: this is a goodwill compensation for commercial agents in Holland, after termination of the commercial agency contract and is governed by Article 7:442 of the Dutch Civil Code.
Legal advice for a commercial agency contract in the Netherlands
A commercial agency contract is an essential legal document that helps guarantee successful business relations between a principal and an agent. Both parties should seek legal counsel under Dutch law before signing such an agreement. Here are some helpful steps you might want to consider when selecting your lawyer:
- Search for lawyers in the Netherlands who specialize in commercial law or contract law. These legal professionals are likely to have experience drafting and reviewing agency agreements. Our contract attorney in the Netherlands would be delighted to take an initial call to discuss your case further.
- Request referrals from colleagues or business partners who have previously worked with lawyers on agency agreements in the Netherlands. They may be able to suggest a lawyer with whom they have had an excellent experience.
- Research the lawyer’s credentials and experience. Check their website, LinkedIn profile, or other online resources to gain insight into their education history, background, and record of successes.
- Schedule a consultation with an agency agreement lawyer in the Netherlands to discuss your needs and objectives. During this discussion, you can inquire about their expertise with agency agreements, their approach to drafting and reviewing contracts, as well as their fees.
- Evaluate the lawyer’s communication style and responsiveness. It is essential to work with a lawyer who is easy to communicate with, who responds promptly to your queries and needs.
By following these steps, you should be able to locate a lawyer in the Netherlands who can assist with your agency agreement. Take your time and select someone who is suitable for both your business needs and objectives.
Contact our agency agreement lawyer in the Netherlands
Would you like more information about commercial agency law in The Netherlands, or would you like to discuss your case with an experienced agency agreement lawyer here in The Netherlands? Do not hesitate to get in touch; our reputation for handling Dutch agency law matters is well-established and we would be more than happy to speak with you.
Contact person: Remko Roosjen | contract attorney in the Netherlands
+31 (0)20 – 210 31 38
remko.roosjen@maakadvocaten.nl