Draft bill on franchising
A law is being drafted for the franchising industry to improve relations between franchisors and franchisees. The proposal has now been announced, fresh off the press. With this, State Secretary Mona Keijzer of Economic Affairs and Climate Policy and Minister Sander Dekker for Legal Protection are implementing the agreements from the coalition agreement and the government’s wish to introduce legislation that should better protect the franchisee in the future. For example, the bill limits the franchisor’s ability to unilaterally change contracts.
The draft bill that the Ministry of Economic Affairs and Climate Policy has drawn up with the Ministry of Justice and Security will enter internet consultation on 12 December 2018 for a period of seven weeks. See: https://www.internetconsultatie.nl/wet_franchise
If you have any questions about this, or would like to exchange ideas, we would like to hear from you.
We would like to keep you informed of developments via our website, but also through our newsletters.
mr. AW Dolphijn – franchise lawyer Ludwig & Van Dam Franchise attorneys, franchise legal advice.
Do you want to respond? Go to dolphijn@ludwigvandam.nl

Other messages
Fine for franchisor because aspiring franchisee is foreigner
On 5 July 2017, the Council of State, ECLI:NL:RVS:2017:1815, decided whether, in the case of (proposed) cooperation between a franchisor and a prospective franchisee, the franchisor
Article in Entrance: “Company name”
“I came up with a wonderful name for my catering company and incurred the necessary costs for this. Now there is another entrepreneur who is going to use almost the same one. Is that allowed?"
The bank’s duty of care in franchise agreements
On 23 May 2017, the Court of Appeal in The Hague, EQLI:NL:GHDHA:2017:1368, had to rule on the question whether the bank should have warned a prospective franchisee in connection with the
Article in Entrance: “Standing up”
“Can I fire an employee with immediate effect if he steals something trivial, such as food that has passed its expiration date?”
Arbitration clause in franchise agreement sometimes inconvenient
On 20 July 2016, the District Court of Gelderland, ECLI:NL:RBGEL:2016:4868, ruled on the validity of an agreement in a franchise agreement, whereby disputes would be settled
Supermarket letter – 18
Can an entrepreneur be obliged to operate a different supermarket formula?





