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

Other messages

Infringement of exclusive service area by franchisor in connection with formula change dated February 27, 2017

On 30 January 2017, the provisional relief judge of the District Court of Noord-Holland, ECLI:NL:RBNHO:2017:688 (Intertoys/franchisee), was asked how to deal with the

By Alex Dolphijn|27-02-2017|Categories: Dispute settlement, Franchise Agreements, Statements & current affairs|Tags: , |

Forecasts at startup franchise formula

The Amsterdam Court of Appeal ruled on 14 February 2017, ECLI:NL:GHAMS:2017:455 (Tot Straks/franchisee) on the question whether the franchisor had provided an unsatisfactory prognosis and whether the

Mandatory transfer of franchise business to franchisor?

On January 23, 2017, the District Court of Amsterdam, ECLI:NL:RBAMS:2017:412 (CoffeeCompany/Dam Spirit BV) rendered a judgment on the question whether a franchisee upon termination of the cooperation

Transfer customer data to franchisor

In its judgment of 10 January 2017, ECLI:NL:GHAMS:2017:68 (OnlineAccountants.nl), the Amsterdam Court ruled, among other things, on the question of how customer data should be transferred.

Franchise Closing Sale – Who Gets the Sale Proceeds?

The judgment of the District Court of the Northern Netherlands dated 12 October 2016, ECLI:NL:RBNNE:2016:5061 (Administrator/Expert Group and Rabobank), focused on the question whether the franchisor, together with the bank,

By Alex Dolphijn|10-02-2017|Categories: Dispute settlement, Franchise Agreements, Statements & current affairs|Tags: , |

Column Franchise+ – mr. Th.R. Ludwig: “Judge: franchisor’s duty of care comparable to that of a bank”

Various judgments in 2016 made it clear how high the standard of care for a franchisor towards its franchisees is.

Go to Top