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
Lien of the franchisee
Can a prospective franchisee invoke a right of retention to reclaim an entry fee if a franchise agreement is not concluded after the pre-agreement has been concluded?
Supermarket letter – 24
Draft Bill Law Franchise
Know-how franchise formula now also legally protected
Know-how is one of the most essential parts of a franchise formula.
Franchisors may no longer impose changes to shopping hours
At the end of 2018, a draft of the “Freedom of Choice for Retailers (Opening Hours) Act” was presented.
Draft bill on franchising
A law is being drafted for the franchising industry to improve relations between franchisors and franchisees.
No franchise agreement, despite the designation
Not everything is what it looks like. Even if the franchisor and franchisee believe that there is a franchise agreement, the legal situation may be different.