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Commercial

Netherlands

As a business operating in today’s increasingly regulated markets, you need to manage your commercial risk while achieving your business objectives. Your success is built upon the effectiveness of your relationships with both customers and suppliers. Sector-specific contractual arrangements are key to this. Not only do you need the right legal answer, you need it in the context of the market in which you operate.

With over 350 lawyers across 33 countries, our multi-disciplinary teams are trained to understand the cultural and business variations impacting your commercial arrangements.

Commercial law focuses on the legal aspects of (inter)national trade. Contract law forms an important part of commercial law. In principle, you and your business partners are free to decide what you wish to agree to. However, there are certain rules that have to be taken into account.

We organise our teams around sectors and industries relevant to you, including financial services, manufacturing, automotive, consumer products, energy, hotels & leisure, infrastructure & projects, lifesciences, supply and logistics, real estate & construction, technology, media & communications and sports.  Our webinar and knowledge services also ensure that you are fully up to speed on all legal and regulatory developments.

Whether you require advice on commercial contracts, supply services, e-commerce, IT or telecoms agreements, data protection, design and manufacturing, advertising, sponsorship and marketing, consumer sales, software licensing, outsourcing or sales, agency, distribution and franchise agreements, our specialists can guide you towards the best business outcome for you. 

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A significant global presence with a specific focus on Europe. Handles a wide variety of commercial contracts matters, such as strategic partnerships, in sectors including IT, retail, leisure and hospitality.

Chambers Global, 2018

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    Compliance

    It goes without saying that business enterprises (and their officers) always had to adhere to various rules. However, until recently there were no risk managers, compliance officers and integrity managers. The universe in which companies and institutions operate has changed as a result of a significant increase of both national and international legislation, the introduction of numerous codes of conduct, new forms of supervision and unprecedented demands regarding accountability and transparency.

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    Consumer Law

    In the contractual relationship between consumers and businesses, different rules apply than those for contractual relationships between businesses themselves. The law simply gives more rights and further-reaching protection to the consumer than to the business. For example, the consumer is free to choose between replacement or repair of a product if there is something wrong with it. A consumer can also claim that a product he has bought does not meet the expectations aroused in him, through advertising material for example. In addition, the law prohibits the use of a number of clauses in general terms and conditions if a contract is concluded with a consumer.

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    Distribution & Franchising

    At first sight it would appear that the activities of a distributor and a commercial agent have much in common. Even so, the statutory regulations that apply to distribution and agency agreements have essential differences. This affects not only the rights accruing to the contracting parties but also to the obligations resting on them. For this reason, it is important for you to know exactly what type of agreement you conclude and what consequences this may have for you.

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    General Conditions

    General Terms and Conditions are an indispensable tool for risk management. It is simply impossible to negotiate every transaction down to the very last detail, and that is why professional organizations use General Terms and Conditions. These serve as a safety net when too much is demanded of your leniency and the general statutory regulations are to your disadvantage.

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    Innovation & start-ups

    How do you turn a brilliant idea into a successful product or enterprise? And how do you make your innovation successful without putting much time and energy in the legal and tax driven structures, legal traps and the small print?

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    Transport Law

    The mounting volume of European legislation in the area of transport is creating a new dimension for governments, shippers and carriers. Return logistics is becoming increasingly important for the manufacturers. Matters such as the international transport of drivers and further-reaching and more specific environmental regulations (noise, emissions, working conditions) demand new solutions to existing problems. The onward march of globalization, in combination with new means of communication, consolidation and the specialization of the various participants is making transport law ever more complex. In addition, more attention is being focused on tackling crime and risk control in transport.

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    CMS con­fer­ence: In­ter­ven­tion, In­nov­a­tion and Dis­rup­tion...
    Jan 2018
    Net­work Shar­ing 3.0
    In­fra­struc­ture shar­ing and in­vest­ment 2017
    13/11/2017
    Over­view of re­tail lease agree­ments

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    Rogier de Vrey
    20/06/2018
    Loot boxes – a treas­ure trove of gambling reg­u­lat­ory...
    16/04/2018
    Ger­man court rules no lux­ury goods in food re­tail out­lets
    On 6 April 2018, the Düs­sel­dorf High­er Re­gion­al Court ruled that the food re­tail­er real, whose par­ent com­pany is Ger­many’s Metro AG, may not sell lux­ury cos­met­ics made by Japa-nese man­u­fac­turer Kanebo in its food re­tail stores, and that the man­u­fac­turer can.
    19/06/2018
    Ex­perts in Gambling Law
    13/04/2018
    The Acon­cagua Bay – “al­ways ac­cess­ible”
    On 26 March 2018 the Com­mer­cial Court ruled, in an ex­tremely suc­cinct de­cision, that a war­ranty in a voy­age charter­party that a berth is “al­ways ac­cess­ible” en­com­passes both entry to and exit from the berth.
    June 2018
    On­line Stress Test
    Test your know-how pro­tec­tion
    29/03/2018
    Study on Ini­tial Coin Of­fer­ings - New means of fun­drais­ing
    At first glance, it is hard to be­lieve and to un­der­stand the claim of en­thu­si­asts that Block­chain tech­no­logy is sup­posed to be com­par­able with the spread of the in­ter­net in the 90s.   It would there­fore be a con­sequence of the tech­nic­al, even dis­rupt­ive in­nov­a­tions.
    April 2018
    Data Law Nav­ig­at­or | Over­view
    In­form­a­tion on Data Pro­tec­tion and Cy­ber Se­cur­ity laws...
    26/03/2018
    McHardy with­draws in­junc­tion re­quest – Is this a vic­tory for open...
    After the with­draw­al of re­quest for in­ter­im in­junc­tion in Co­logne High­er Re­gion­al Cour­ton March 7, can users of open source soft­ware breathe a sigh of re­lief or does this with­draw­al give rise to false hope? When Co­logne Re­gion­al Court is­sued an in­junc­tion in.
    28/03/2018
    Ini­tial Coin Of­fer­ings - New means of fun­drais­ing
    19/03/2018
    Open Source Com­pli­ance
    Open source com­pli­ance fail­ures can pose a ser­i­ous threat to af­fected com­pan­ies. Here is an over­view. After the first open source li­cense was en­forced by a Ger­man court in 2004, there is no longer any doubt about their valid­ity.
    Jan 2018
    Net­work Shar­ing 3.0
    In­fra­struc­ture shar­ing and in­vest­ment 2017
    09/03/2018
    CJEU rules against ar­bit­ra­tion clauses in In­tra-EU Bi­lat­er­al In­vest­ment...
    On 6 March 2018, the Court of Justice of the European Uni­on (CJEU) ruled that Art­icles 267 and 344 of the Treaty on the Func­tion­ing of the European Uni­on (TFEU) must be in­ter­preted as pre­clud­ing ar­bit­ra­tion pro­vi­sions in bi­lat­er­al in­vest­ment treat­ies between.
    13/02/2018
    The rise of the new lux­ury eco­nomy
    Travel has al­ways played host to dra­mat­ic and of­ten dis­rupt­ive changes. At CMS’s an­nu­al tech­no­logy con­fer­ence, In­nov­ate to Sur­vive, onefinestay’s CEO, Javi­er Ce­dillo-Es­pin de­livered a key­note, sum­mar­ised in this art­icle.
    02/02/2018
    IBM Wat­son at work
    There may be much hype around ar­ti­fi­cial in­tel­li­gence but IBM has been demon­strat­ing the busi­ness po­ten­tial of ma­chine learn­ing through its Wat­son ana­lyt­ics plat­form since 2011. Wat­son came about after one of IBM’s re­search teams were at the pub watch­ing.
    25/01/2018
    European Com­mis­sion as­sesses ad­equacy of Gen­er­al Food Law in food...
    In an eval­u­ation of the EU le­gis­lat­ive frame­work for the 2002 Gen­er­al Food Law Reg­u­la­tion (GFLR), the European Com­mis­sion has found that this frame­work ap­pears to ad­dress most cur­rent trends, such as growth, com­pet­it­ive­ness and in­creased glob­al­isa­tion, but.
    15/01/2018
    Neth­er­lands to be­come a new hub for in­ter­na­tion­al com­mer­cial dis­pute...
    Re­cent years has seen a down­ward trend in in­ter­na­tion­al trade and com­mer­cial cases brought be­fore Dutch courts. But with the Dutch par­lia­ment sched­uled to de­bate a bill for the es­tab­lish­ment of the Neth­er­lands Com­mer­cial Court (NCC), in­ter­na­tion­al com­mer­cial.
    11/01/2018
    Bare­con 2017 - Ringing in the Changes
    BIMCO re­cently pub­lished an up­dated ver­sion of their widely-used BARE­CON 2001. Whilst it largely fol­lows the same format, BARE­CON 2017 takes ac­count of a num­ber of leg­al and com­mer­cial changes and has been de­scribed by BIMCO as “a new lean­er ver­sion” which.
    03/01/2018
    From 1 Janu­ary 2018 large ships must mon­it­or and re­port CO2 emis­sions
    As of 1 Janu­ary 2018, sub­ject to a few ex­clu­sions, ships over 5000 gross ton­nage (“Rel­ev­ant Ships”) be­came sub­ject to mon­it­or­ing and re­port­ing re­quire­ments on car­bon di­ox­ide emis­sions (CO2), fuel con­sump­tion and cargo car­ried with­in all ports un­der the jur­is­dic­tion.