Franchise & Law No. 5 – Acquisition Fraud and Franchising Act
The Acquisition Fraud Act came into effect on 1 July 2016. This includes amendments to Section 6:194 of the Dutch Civil Code. In short, the amendment means that if there is misrepresentation when offering goods or services in business relationships, this will result in an unlawful act. This implies that the Acquisition Fraud Act also applies in the pre-contractual phase of entering into a franchise agreement.
In this contribution, the civil law aspects of the Acquisition Fraud Act and the pre-contractual phase in entering into franchise agreements will be examined in more detail, in particular the reversal of the burden of proof.
Other messages
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 ...
Article De Nationale Franchise Gids: “Non-compete clause: ‘the devil is in the details'” – mr. C. Damen – dated April 2, 2021
In a judgment of 20 January 2021, the Rotterdam court ...
Article Franchise+: “The importance of know-how in the context of a non-compete and non-solicitation clause” – mr. K. Bastiaans – dated March 10, 2021
In its judgment of 24 February 2010, the provisional relief ...
Article De Nationale Franchise Gids: “The Franchise Act: what should I do with it?” – mr. DL van Dam – dated March 9, 2021
It has of course not escaped the attention of most ...