E-Commerce Dispute under Dutch law
E-commerce disputes are legal conflicts arising from electronic commerce via webshops, platforms, and online marketplaces. They involve contractual disputes with customers, competition conflicts, intellectual property rights, consumer protections, data security, and compliance with statutory information obligations under Dutch law. What Constitutes E-Commerce and Why Do Disputes Arise Under Dutch Law? E-commerce in the Netherlands encompasses […]
What Are Unforeseen Circumstances Under Dutch Law?
Unforeseen circumstances under Dutch law are changed situations that did not exist when concluding an agreement and could not reasonably be anticipated by parties. These circumstances must be so significant that performance of the contract can no longer be expected from the counterparty according to standards of reasonableness and fairness under Article 6:258 of the […]
Excluding Liability in General Terms and Conditions Under Dutch Law
You limit liability in general terms and conditions through an exoneration clause pursuant to Article 6:237 Dutch Civil Code. For consumers, strict limitations apply through the black and grey lists. Between business entities, broader contractual freedom exists, but you may never exclude liability for intent or willful recklessness. An exoneration clause constitutes a contractual provision […]
Entertainment Law in the Netherlands
Entertainment law in the Netherlands helps creators and media businesses protect IP, secure revenue, and manage publication risk. It covers copyright, neighbouring rights, trade marks, licensing, and media liability. Entertainment law in the Netherlands functions as the legal framework within the creative sector, encompassing copyright, neighbouring rights and trademark law. Moreover, Article 10 ECHR regulates […]
What Are the Rules for Price Agreements, Exclusivity and Territory Distribution Between Suppliers and Distributors Under Dutch Law?
Vertical price fixing, exclusivity arrangements and territory distribution between suppliers and distributors fall under the cartel prohibition when they noticeably restrict competition. The Block Exemption Regulation for vertical agreements provides exemption for arrangements between parties with market share below 30%, provided hardcore restrictions such as fixed resale prices and absolute territorial protection are absent. Suppliers […]
How Does Enforcement of Intellectual Property Rights Work in the Netherlands?
Enforcement of intellectual property rights begins with establishing infringement, followed by direct legal steps such as a cease-and-desist letter, mutual settlement, or preliminary injunction proceedings before the court. Rights holders can claim injunctions against further infringement, demand damages, claim profit disgorgement, and request destruction of counterfeit products pursuant to the Dutch Civil Code and specific […]
Trade Secrets and Confidential Information under Dutch law
Are your trade secrets losing value because competitors apply the same processes? Do employees leave with crucial knowledge to join your competition? Trade secrets increasingly form the foundation of your competitive position. Therefore, Dutch legislation protects confidential business information, provided you demonstrably implement measures to safeguard secrecy. Without active protection, valuable knowledge loses its legal […]
Compensation for Breach of Contract by Suppliers under Dutch law
Breach of contract in the Netherlands is any failure to fulfill a contractual obligation attributable to the debtor. You automatically gain the right to compensation in the Netherlands once the breach is attributable and the supplier is in default or performance has become permanently impossible. This regulation follows from Article 6:74 of the Dutch Civil […]
MAAK Advocaten at IBA Toronto 2025: Your Dutch Legal Partner for International Collaboration
Remko Roosjen and Martin Krüger will represent MAAK Advocaten at the International Bar Association Annual Conference 2025 in Toronto. This gathering unites legal professionals worldwide. Therefore, our presence underscores our commitment to international legal collaboration and Dutch law expertise. As a Netherlands-based law firm, we specialize in Market Access to Europe, Product Liability Law, Commercial […]
Abolition of Pledge Prohibition under Dutch law
Why should you as an entrepreneur benefit from the new law against pledge prohibitions in the Netherlands? As of July 1, 2025, the Act on Abolition of Pledge Prohibitions entered into force in the Netherlands. This legislation eliminates contractual provisions that prevent you from pledging or transferring your monetary claims. Therefore, you will henceforth gain […]