Advisory Board on Regulatory Pressure (ATR) advises State Secretary Keijzer about the Franchise Act
The ATR recommends submitting the bill only after a number of points of advice have been taken into account. The advice is particularly worth reading and can be consulted via the link: https://www.atr-regeldruk.nl/wp-content/uploads/2019/02/30-U010-Ministerie-van-EZK-Wet-franchise-wgpdf
In short, it is first advised to actively inform franchisors and franchisees about this amendment to the law. Now that the consultation that has now closed shows that it has passed a large part of the industry, this seems to be extremely useful advice. It is also recommended to monitor the effectiveness of the law and to include an evaluation provision in the law. Now that the franchise agreement will move from an unnamed to a named agreement, this also seems like a welcome addition to the bill. The ATR also calls attention to the transitional period. In addition, the ATR asks for more clarification and definitions to be included in the bill for concepts that have not yet been further defined, such as “good franchisor and franchiseeship” “considerable consequences” etc. The ATR also recommends actively communicating goodwill calculation best practices so that parties know where they stand before concluding the franchise agreement. Finally, the ATR recommends including examples of what is meant by “conditions customary in trade”.
In short, the ATR is of the opinion that parts of the proposed legislation are not yet sufficiently concrete and known to have the desired effect in legal practice, or preventively, namely a more balanced franchise sector. We are particularly curious to what extent the Ministry takes into account the advice of the ATR.
mr. J. Strong – franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice. Do you want to respond? Go to strong@ludwigvandam.nl
![225tweedekamer-min](https://www.ludwigvandam.nl/wp-content/uploads/2020/12/225tweedekamer-min.jpg)
Other messages
Article De Nationale Franchisegids: “Prejudicial questions about ‘sharing the pain’ – rent reduction due to corona” – mr. K. Bastiaans – dated May 11, 2021
In the past period, the case law has not been ...
The franchise industry according to Rabobank and Ludwig & Van Dam
The franchise industry according to Rabobank and Ludwig & Van ...
Supermarket Newsletter – No. 30 –
Shortcoming in expansion PLUS supermarket Blocking supermarket unloading area by ...
Franchisor liable for franchisee error
On 17 March 2021, the Midden-Nederland District Court ruled, ECLI:NL:RBMNE:2021:1351, ...
Extensive application of the prohibition of competition from the Franchise Act
In a judgment of the Noord-Holland court of 11 February ...
Franchisee competition ban: error in forecasting and transfer of know-how?
In preliminary relief proceedings, a franchisee demands that the franchisor ...