No Dutch Franchise Code, but legislation on franchising
The Secretary of State has stated that the Dutch Franchise Code (“NFC”) is not enshrined in law. However, there will be legislation on franchising.
On 8 February 2018, the standing committee for Economic Affairs and Climate held consultations with Ms Keijzer, State Secretary for Economic Affairs and Climate, about including the announced regulations on franchising. The coalition agreement also contains a phrase about this, namely that regulations must be introduced and that the “pre-competitive phase” must be included in legislation.
The Secretary of State indicates that he is working on the regulations on franchising, but it has emerged that there is no agreement between franchisors and franchisees about the NFC. The State Secretary indicates that he has accepted this as an established fact. This seems to put an end to the question of whether the NFC will be legally enshrined, as was previously submitted to the public for consultation.
The State Secretary announces that she will submit an elaboration of the regulations to the House of Representatives in an order in council (“AmvB”). This order in council will contain rules for the “pre-competitive phase” in franchising. She hopes to do so before the end of the year.
mr. AW Dolphin – franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice. Do you want to respond? Go to dolphijn@ludwigvandam.nl .
Other messages
Signing a Franchise Agreement in the Digital Age – Mr. K. Bastiaans – dated December 14, 2020
Within today's society, under the guise of 'the new normal', digitization is increasing. The court will discuss in more detail the manner in which an agreement is accepted and the consequences.
The sale of tobacco at supermarkets will be banned in 2024. What are the constraints and opportunities for the supermarket business? – mr. C. Damen – dated December 8, 2020
To promote and discourage smoking cessation, the sale of tobacco in supermarkets will be banned in 2024.
Franchise Act will take effect on January 1, 2021 – mr. AW Dolphijn – dated December 3, 2020
The Franchise Act was already adopted on July 1, 2020, but it has now also been established by Royal Decree that the Franchise Act will enter into force on January 1, 2021.
Supermarket newsletter -29-
Supermarket newsletter -29-
Article Franchiseplus: “Divide the pain” – mr. Th.R. Ludwig – dated December 1, 2020
The corona crisis has brought many franchisors and franchisees into ...
Article De Nationale Franchise Gids: “Settlement problems with franchisee who is a general partnership” – mr. JAJ Devilee – dated November 30, 2020
In a recent dispute, two ex-spouses faced each other in an appeal procedure regarding the question whether the ex-wife forfeited penalty payments against the private company.