Loan agreement in the Netherlands
A loan agreement under Dutch law is a contract in which a lender provides a sum of money that the borrower agrees to repay, usually with interest, on agreed terms. Putting it in writing fixes the amount, the repayment schedule, the interest, any security and which law applies. This page explains when interest is owed, […]
Contracting agreements in the Netherlands
A contracting agreement under Dutch law (aanneming van werk) is a contract in which a contractor undertakes to produce a specific physical result for a client for a price. It covers far more than construction: a custom machine, a fitted kitchen or a built-to-order boat all fall under it. This page explains when the work […]
How Do You Terminate a Dutch Commercial Agreement Prematurely?
Terminating a commercial agreement prematurely under Dutch law is possible through five methods: termination for breach of contract, regular cancellation according to contractual terms, mutual termination by agreement, nullification due to defects of consent, or automatic expiration upon reaching the agreed term. The precise conditions depend on contract type and applicable legislation. Terminating a commercial […]
Privacy Law in the Netherlands
Dutch Privacy Law Privacy law has been hot for years with the advent of new technologies. Data is rightly seen as the new gold as can hold valuable information. Personal data is constantly shared automatically between companies sharing information on where are people located, what do they do, what do they buy, what do they […]
Cooperation agreements under Dutch law
A cooperation agreement under Dutch law is a contract in which two or more parties agree to work together toward a common goal while remaining independent businesses. Dutch law leaves the parties largely free to shape it, which makes clear drafting the best protection against later disputes. Our Dutch corporate lawyers draft and review cooperation […]
403 Declaration in the Netherlands
A 403 declaration is a statement by which a Dutch parent company accepts joint and several liability for the debts of a group subsidiary, in return for which that subsidiary is exempt from preparing and publishing its own annual accounts. The declaration takes its name from article 2:403 of the Dutch Civil Code. Our Dutch […]
What is Creditor Default under Dutch law?
Creditor default under Dutch law occurs when the creditor, through action or inaction, blocks performance of an agreement while the debtor is willing and able to perform according to Article 6:58 Dutch Civil Code. This protects the debtor against legal disadvantages and grants entitlement to cost compensation. Creditor default represents a fundamental protection mechanism in […]
Breach of contract
Breach of contract Breach of contract is under Dutch law a legal cause of action and a type of civil wrong in the Netherlands, in which a binding commercial agreement is not honored by one or more of the parties to the contract by non-performance or interference with the other party’s performance. Breach of contract […]
Breach of Non-Compete Clause in Agency Agreement under Dutch law
A breach of a non-compete clause in an agency agreement under Dutch law occurs when a commercial agent works for a competitor during or after the cooperation, or independently conducts competing activities. The principal can hold the agent liable, provided the clause is agreed in writing and complies with the statutory requirements of Article 7:437 […]
Challenging Penalty Clauses in the Netherlands
Challenging a penalty clause in the Netherlands is possible when its application leads to a disproportionate and unacceptable result under Article 6:94 of the Dutch Civil Code. Courts moderate penalties when fairness clearly demands it, considering the relationship between actual damages and penalty amount, negotiation room, and contractual freedom between parties. Penalty clauses in the […]