Minister Kamp explores legal anchoring Franchise Code – 17 February 2016
On 17 February 2016, Minister Kamp of Economic Affairs sent a letter to the Senate regarding the Dutch Franchise Code. Below is the link to this message:
Click here to open the letter.
The most recent version of the Dutch Franchise Code can be downloaded via the link below:
https://www.rijksoverheid.nl/documenten/rapporten/2016/02/17/de-nederlandse-franchise-code
Other messages
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