How does the Franchise Act protect novice franchisees?
Starting your own business is in almost all cases a decision that entails major changes. The starting entrepreneur is confronted with great uncertainties and risks, but is given an opportunity to benefit from his own company. The choice to start the business is a trade-off between the benefits and risks. It is therefore of the utmost importance to have sufficient information to make this assessment. Only on the basis of all relevant information can a wise entrepreneur make the right choice. He or she will therefore have to collect as much information as possible in order to make an informed decision.
An article about this has been published in the trade magazine Franchise+. You can download the article HERE .
Ludwig & Van Dam lawyers, franchise legal advice.
Do you want to respond? Then email to dolphijn@ludwigvandam.nl
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Developments in competition law
Some time ago, the Netherlands Competition Authority (NMa) made a groundbreaking ruling that is of great importance to all franchise organizations in the Netherlands.
Transfer Arrangements
Franchise agreements usually include transfer arrangements
The right to the formula name upon termination of the franchise relationship
In practice, discussions regularly occur when the franchise relationship is terminated between a franchisor and one or more franchisees
The possibility of actively or not actively recruiting customers outside
Based on the relevant regulations, active recruitment activities by the franchisee are permitted
Customers, clientele and exceptions thereto
Some franchise constructions have the characteristic that the products or services in question are only supplied to certain consumers.
Intellectual property rights
In general, the nature of a franchise relationship implies that, on the basis of a franchise agreement