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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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Strong global presence with an especially respected European practice. Handles all manner of commercial agreements, from strategic partnerships to distribution contracts, and specialises in regulatory matters. Industry expertise in the energy, IT, automotive, retail, leisure and hospitality sectors.

Chambers Global, 2016

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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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    13/11/2017
    Over­view of re­tail lease agree­ments
    June 2017
    CMS An­nu­al Re­view 2016-2017
    Provid­ing you with the ser­vice you need wherever you...

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    Dóra Petrányi
    Jan 2018
    Net­work Shar­ing 3.0
    In­fra­struc­ture shar­ing and in­vest­ment 2017
    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.
    19/12/2017
    Oil & Gas Ship­ping: a Venezuelan de­ten­tion
    In ST Ship­ping and Trans­port PTE Ltd v Space Ship­ping Ltd [2017] EWHC 2808 (Comm) the Com­mer­cial Court re­jec­ted an ar­bit­ra­tion ap­peal that sought to ar­gue that the ac­tions of the Venezuelan courts, in openly not fol­low­ing Venezuelan law, broke the chain of.
    14/12/2017
    Oil & Gas: Off-spec de­liv­er­ies – up­hold­ing the con­trac­tu­al mech­an­ism
    In Trafigura Be­heer BV v Ren­brandt Ltd (2017) EWHC 3100 (Comm) the Com­mer­cial Court provided some winter com­fort to pur­chasers and sellers that are seek­ing to rely on con­clus­ive evid­ence clauses as to qual­ity.
    07/12/2017
    CJEU strengthens sup­pli­ers of lux­ury goods – their third-party plat­form...
    In a land­mark judg­ment of 6 Decem­ber 2017 (C-230/16 – Coty Ger­many), the Court of Justice of the European Uni­on (CJEU) has put a pre­lim­in­ary end to the dis­cus­sions on an­ti­trust is­sues con­cern­ing third-party plat­form bans for lux­ury goods - es­sen­tially provid­ing.
    30/10/2017
    What next for in­ter­na­tion­al data trans­fers?
    Sum­mary The Ir­ish High Court has made a pre­lim­in­ary ref­er­ence to the Court of Justice of the European Uni­on (the “CJEU”), ask­ing wheth­er stand­ard data pro­tec­tion clauses (“stand­ard clauses”) are com­pat­ible with the leg­al rights of data sub­jects un­der EU law.
    30/10/2017
    ECJ Rules on when a com­pany owned by a con­tract­ing au­thor­ity is gov­erned...
    IN­TRO­DUC­TION A re­cent rul­ing of the European Court of Justice (ECJ) has con­firmed that a wholly owned sub­si­di­ary of a con­tract­ing au­thor­ity can it­self be re­garded as a ‘body gov­erned by pub­lic law’ and there­fore sub­ject to the pro­cure­ment rules, even where.
    20/09/2017
    Pub­lic Coun­try-by-Coun­try Re­port­ing; Tax­pay­er­s' Rights
    Ap­pro­pri­ate Use of Coun­try-by-Coun­try Re­ports The OECD has now pub­lished Guid­ance (avail­able here) on the ap­pro­pri­ate use of Coun­try-by-Coun­try Re­ports (‘Cb­CRs’) by na­tion­al tax au­thor­it­ies. This is in re­sponse to some val­id MNE con­cerns that tax au­thor­it­ies.
    13/09/2017
    The ap­plic­a­tion of EU mer­ger con­trol cla­ri­fied: no EC no­ti­fic­a­tion...
    In the first ever pre­lim­in­ary rul­ing on the EU mer­ger con­trol re­gime, the Court of Justice of the European Uni­on ("CJEU") brought much needed clar­ity on wheth­er the shift from sole con­trol to joint con­trol in an ex­ist­ing un­der­tak­ing is covered by the EU Mer­ger.
    14/08/2017
    Ad­voc­ate-Gen­er­al sub­mits opin­ion sup­port­ing on­line sales re­stric­tions
    Ad­voc­ate-Gen­er­al (AG) Wahl sub­mit­ted a non-bind­ing opin­ion to the European Court of Justice (ECJ) that lux­ury brand sup­pli­ers should have the right to choose who sells their products and how their products are sold in or­der to pro­tect their im­age and ex­clus­iv­ity.
    10/07/2017
    GDPR ques­tion­naire: 50 ques­tions to identi­fy if your busi­ness is ready
    The Bav­ari­an Data Pro­tec­tion Au­thor­ity re­leased a GDPR im­ple­ment­a­tion ques­tion­naire 12 months be­fore the GDPR ap­plies to busi­nesses in Europe. On 25 May 2017, 12 months be­fore the Gen­er­al Data Pro­tec­tion Reg­u­la­tion (“GDPR”) ap­plies to busi­nesses through­out.
    04/07/2017
    The New Fla­menco – Su­preme Court al­lows own­ers’ ap­peal
    The Su­preme Court, on 28 June 2017, found in fa­vour of the own­ers in the long-awaited “New Fla­menco” judg­ment - Glob­alia Busi­ness Travel S. A. U. (formerly Travel­Plan S. A. U. ) of Spain v Fulton Ship­ping Inc of Panama.
    03/07/2017
    CJEU rules Hun­gari­an gambling li­cens­ing re­gime in­com­pat­ible with EU...
    The Court of Justice for the European Uni­on (CJEU) has ruled that Hun­gary’s li­cens­ing frame­work for on­line gambling placed overly re­strict­ive and un­fair con­di­tions on op­er­at­ors from oth­er European Uni­on coun­tries look­ing to enter the mar­ket.