Legal advice for entrepreneurs in the Netherlands facing Business Disputes
A business dispute constitutes a legal disagreement between entrepreneurs, employees, or clients involving contractual agreements, payments, or employment conditions. Both parties typically experience immediate financial and reputational damage, making swift legal action essential to prevent escalation. Entrepreneurs throughout the Netherlands regularly encounter business disputes. A supplier failing to deliver according to agreements, a client halting […]
Freelancer Contract Under Dutch Law: What Does It Include?
A freelancer contract regulates the assignment between independent professional and client based on Article 7:400 of the Dutch Civil Code, without creating an employment relationship. The contract contains agreements regarding services, compensation, intellectual property, and liability. The freelancer determines independently how and when work is performed, without hierarchical authority from the client. Practice demonstrates that […]
Distribution, Franchise and Agency under Dutch law
Distribution involves a reseller purchasing and selling products in their own name and for their own account and risk. Agency concerns intermediation on behalf of and for the account of the principal. Franchise encompasses operating a complete business concept including brand, know-how and uniform appearance according to strict formula requirements. These three forms of commercial […]
Having General Terms and Conditions Reviewed by a Dutch Lawyer
General terms and conditions in the Netherlands are standardized clauses that strengthen your legal position and limit risks in business agreements under Dutch law. A lawyer assesses whether your terms comply with statutory requirements such as the duty to inform, the grey and black lists in the Dutch Civil Code, and whether clauses are unreasonably […]
Excluding the CISG in General Terms and Conditions
You legally exclude the Vienna Sales Convention (CISG) by incorporating an explicit exclusion in the core section of your sales contract. A reference to general terms and conditions often proves insufficient, as the Convention imposes strict requirements on the incorporation of terms in international commercial relationships. In cross-border trade between Dutch entrepreneurs and foreign business […]
Dispute in the Netherlands Over the CISG in General Terms and Conditions
A dispute in the Netherlands over the Vienna Sales Convention (CISG) in general terms and conditions arises when parties to an international sales agreement each declare their own terms applicable. The applicability of general terms is determined by the Vienna Sales Convention itself, requiring a reasonable opportunity for the counterparty to take notice. When terms […]
Construction Contracts in the Netherlands
Construction contracts in the Netherlands establish the legal relationship between client and contractor under Article 7:750 of the Dutch Civil Code (BW), whereby the contractor commits to realizing a work of material nature against payment. These agreements contain provisions regarding design, execution, pricing, liability and dispute resolution. Our Dutch construction lawyers shall explain the most […]
Drafting Dutch B2B Contracts: Which Provisions Are Relevant?
When drafting Dutch B2B contracts, provisions concerning liability limitation, termination arrangements, legal references and dispute resolution are essential. According to Article 6:248 of the Dutch Civil Code, every contract must comply with reasonableness and fairness, whereby core obligations may never be completely excluded. A carefully drafted contract prevents unnecessary legal procedures in 75% of commercial […]
Distribution, Franchise and Agency under Dutch law
Distribution, franchise and agency under Dutch law are three distinct forms of commercial cooperation for product sales and services. With distribution you purchase products for your own account and risk, with franchise you operate a complete business concept including brand and know-how, and with agency you act as intermediary on behalf of the principal without […]
Key Considerations for International Contracting by Dutch businesses
International contracting requires specific attention to choice of law and forum, language differences, cultural aspects, and the Vienna Sales Convention. Dutch entrepreneurs conclude over 150,000 international commercial contracts annually, where clearly documenting agreements prevents legal problems. International commercial contracts differ fundamentally from Dutch agreements. You must account for different legal systems, language barriers, and cultural […]