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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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"The CMS group takes on the full range of M&A work and corporate governance matters in sectors including energy, life sciences, consumer products, financial services, and TMT."

The Legal 500, 2019

The firm benefits from a "broad practice with strengths across a range of sectors and geographies," as well as valuing its ability to provide "partner-level service at all times."

Chambers Global, 2019

"They've been active in trying to understand our business and we're very happy with them."

Chambers Global, 2019

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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