Home / People / Aukje Haan
Portrait of Aukje Haan

Aukje Haan

Partner
Advocaat | Global Co-Head of Commercial Group, CMS

CMS
Atrium - Parnassusweg 737
1077 DG Amsterdam
PO Box 94700
1090 GS Amsterdam
Netherlands
Languages Dutch, English, French, German

Aukje Haan has been a qualified advocaat since 1990, and since then has been working for the Commercial section of CMS in Utrecht. Aukje is chair of the CMS International Commercial Group. ​

Aukje's specialist area is commercial law, including drawing up various kinds of commercial contracts such as distribution and agency agreements, franchise agreements, manufacturing contracts, SLA's and cooperation agreements. Her field of work also extends to product liability. ​

She also has an extensive (international) litigation practice in the above areas of the law and is also a certified mediator.​

Aukje Haan is regularly invited to speak at seminars and inhouse legal trainings about commercial and corporate contracting.

more less

Memberships & Roles

  • Supervisory Board of member of Stichting Belangen Rechtsbijstandverzekerden DSB
  • Member of the board of Theater Kikker
  • Member of the board of New Board Program Alumnivereniging Nyenrode
  • Association Corporate Mediation
  • Groot Utrecht
  • Member of the board of Utrechts Archief
  • Supervisory Board member of Avedon Capital Partners
  • Member of the board of AAMU
more less

Education

  • New Board Program, Nyenrode Business University
  • Company and Commercial Law, Grotius Academy for Post-Graduate Law Studies
  • Dutch Law, Utrecht University
more less

Feed

13/09/2022
Open secrets? Guard­ing value in the in­tan­gible eco­nomy
Some leaks can’t be fixed “Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This, from the so-called Spycatch­er case (1987), ap­plies well to cor­por­ate as­sets: fail to store them cor­rectly and all you might have left is an ex­pens­ive mess.The con­sequences of even a minor ex­pos­ure of a trade secret can be huge. As this re­port re­veals, the pro­tec­tion of trade secrets is rightly re­cog­nised by most seni­or ex­ec­ut­ives as a pri­or­ity is­sue. But the re­search also re­veals gaps that leave com­pan­ies un­ne­ces­sar­ily ex­posed to risks. The top named threats – cy­ber­se­cur­ity at­tacks and em­ploy­ee leaks – res­on­ate with what we see im­pact­ing our cli­ents. In­creased home and re­mote work­ing is strain­ing se­cur­ity meas­ures and em­ploy­ee loy­alty. Ad­ded to this, an ‘in­nov­ate or die’ at­ti­tude in highly-com­pet­it­ive sec­tors can mo­tiv­ate new join­ers to ar­rive with ques­tion­able ma­ter­i­al from their pre­vi­ous em­ploy­er, or worse: out­right theft between com­pet­it­ors. But while it is easy to fo­cus on the lurk­ing threats from weakened cy­ber se­cur­ity and dis­gruntled em­ploy­ees – and they are im­port­ant – there are more routine ac­tions a com­pany can take to safe­guard its secrets than just up­dat­ing its IT sys­tems or the em­ploy­ee hand­book. Com­monly, those who most need our help already have a trade secrets policy but have not prop­erly im­ple­men­ted it in re­la­tion to the secret in ques­tion. Or the policy has not been up­dated to re­flect the in­tan­gible as­sets the busi­ness now owns. Or pro­tec­tion was taken for gran­ted.With trade secrets – which for many busi­nesses are stra­tegic­ally more im­port­ant than a pub­lic pat­ent port­fo­lio – it is al­ways cost­li­er and messi­er to find solu­tions after a theft or a leak. Identi­fy­ing the trade secrets and the threats posed to them, com­bined with rig­or­ous in­tern­al pro­cesses and well-draf­ted con­tracts, can help pre­vent such prob­lems from hap­pen­ing. Harder, but just as ne­ces­sary, is en­ga­ging hearts and minds in cor­por­ate cul­ture, to know why trade secrets are im­port­ant, why we are all are re­spons­ible for pro­tect­ing them, and what may hap­pen if we do not (to both the com­pany and the in­di­vidu­al). In our ex­per­i­ence, the busi­nesses with the strongest de­fences have not only thought stra­tegic­ally about their in­tan­gible as­sets and how best to pro­tect them but are also pre­pared for the worst. The trick to avoid­ing an as­set be­com­ing a crisis is to be wise be­fore the event.
13/06/2022
Up­dated CMS Ex­pert Guide to Trade Secrets
From pat­ents to pro­grammes, designs to data, your most valu­able busi­ness as­sets can be the things you can’t put un­der lock and key. But what leg­al re­course do you have to pro­tect these in­tan­gible as­sets...
07/06/2022
Trade secret laws in the Neth­er­lands
Gen­er­al 1. Has the Dir­ect­ive (EU) 2016/943 of the European Par­lia­ment and of the Coun­cil of 8 June 2016 on the pro­tec­tion of un­dis­closed know-how and busi­ness in­form­a­tion (trade secrets) against their...
Comparable
29/03/2022
Force Ma­jeure - Hard­ship in re­la­tion to Con­flict and Sanc­tions
The in­va­sion of Ukraine has promp­ted west­ern demo­cra­cies, in­clud­ing the European Uni­on, UK and US, to ini­ti­ate a raft of sanc­tions against Rus­si­an-owned com­pan­ies, and prom­in­ent in­di­vidu­als closely as­so­ci­ated...
Comparable
26/11/2021
Leg­al term for pay­ments in the Neth­er­lands
1.  Are there any spe­cif­ic leg­al re­quire­ments in re­spect of pay­ment terms? Yes, the le­gis­la­tion in the Neth­er­lands is based on EU Dir­ect­ive 2011/7/EU on com­bat­ing late pay­ments in com­mer­cial trans­ac­tions...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
09/06/2021
Open Secrets? Guard­ing value in the in­tan­gible eco­nomy
Across mul­tiple in­dus­tries, busi­nesses are de­riv­ing an ever great­er pro­por­tion of their value from as­sets pro­tec­ted not by pat­ent or copy­right – but by secrecy. And from cus­tom­er data to soft­ware al­gorithms...
14/04/2021
Top rank­ings CMS in Leg­al 500 EMEA 2021
CMS has once again been ranked in the latest edi­tion of The Leg­al 500 Europe, Middle East & Africa (2021). We thank our cli­ents for put­ting their trust in us and re­cog­nising our ex­pert­ise. Our law­yers...
04/02/2021
Law and reg­u­la­tion of force ma­jeure in the Neth­er­lands
1. Is there le­gis­la­tion on force ma­jeure in your law sys­tem? Yes, Art­icle 6:75 of the Dutch Civil Code (“DCC”). 2. If so, what is the text of the force ma­jeure clause in your civil code? Art­icle...
15/04/2020
Top rank­ings CMS in Leg­al 500 EMEA 2020
The on­line edi­tion of The Leg­al 500 Europe, Middle East & Africa (EMEA) 2020 has been pub­lished. Our law­yers are de­scribed as 'ac­cur­ate, quick, flex­ible and know­ledge­able'. CMS is val­ued for its pres­ence...
09/04/2020
COV­ID-19 and its im­pact on the com­mer­cial sec­tor
Force ma­jeure, ex­hib­it­or and or­gan­iser rights vis-à-vis can­celled live events and gov­ern­ment in­ter­ven­tion dur­ing the crisis. The COV­ID-19 pan­dem­ic and re­stric­tions im­posed by gov­ern­ments in Europe and...
02/04/2020
Key meas­ures to con­sider in op­tim­ising cash-flow man­age­ment dur­ing the...
Or­gan­isa­tions face much un­cer­tainty dur­ing the COV­ID-19 crisis, which makes man­aging the cash-flow very chal­len­ging. This in­fograph­ic provides sev­er­al key meas­ures to con­sider, as re­com­men­ded by our...