Doing business in the Netherlands with a Dutch party requires some knowledge of international law. Before concluding a commercial deal, you would do well to ask yourself under which law you are contracting. You can make an appointment for that. If you do not, international law will determine which law applies. In the case of proceedings, the judge in charge (through his or her glasses) will determine this. Our Dutch lawyer in the Netherlands, Remko Roosjen, will provide you with some more information about the applicable laws.
Trading with a Dutch party
We advice foreign companies on doing business in the Netherlands with a Dutch company. Trading with a Dutch party might be a new experience. Whatever law is applicable in cross-border trade relations is determined by European law, more precisely by the Rome I Regulation – as incorporated into UK domestic law. According to this, the law of the country in which the party making the delivery is domiciled is applicable. In the case of a purchase agreement between a Dutch seller and a UK buyer, Dutch law would therefore apply. However, there are exceptions in B2C (business to consumer) relations. Under certain conditions, UK law may be applicable if the consumer is resident in the UK and the entrepreneur, for example, concentrates his activities in the country where the consumer lives. An indication of this can be, for example, the operation of a UK website. It is therefore important that even if Dutch law is applicable, Dutch entrepreneurs check which consumer protection provisions exist in the country they trade with.
Choice of law
However, there is also a choice of law: the parties may agree by contract which law is applicable. This agreement would then take precedence over the statutory provisions. It should be noted, however, that a choice of law in B2C relations must not result in the consumer being deprived of the protection of the mandatory legal provisions of UK law, which would apply in the absence of a choice of law. It must therefore always be checked whether the Dutch General Terms and Conditions of the seller are legally valid under UK law and do not undermine the consumer protection regulations.
Dutch lawyer in the Netherlands
Doing business in the Netherlands requires some knowledge of how Dutch parties act in economic transactions.. If you need a Dutch lawyer in the Netherlands, we are happy to be of assistance. We have the experience and knowledge that you require. We are dedicated professionals.
T: +31 (0)20 – 210 31 38
E: mail@maakadvocaten.nl
Contact: Remko Roosjen | Dutch Lawyer