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.
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HEMA in conflict with franchisees about e-commerce agreements
On 18 July 2018, the District Court of Amsterdam, ECLI:NL:RBAMS:2018:5098, rendered a judgment in proceedings on the merits in which the franchisees were largely ruled in favor of e-commerce.
mr. J. Sterk about HEMA conflict in the FD 18 July 2018
mr. J. Sterk about HEMA conflict in the FD.
Column Franchise+ – “Legal Franchise Statistics 2018”
The Legal Franchise Statistics have been compiled for 10 years by Ludwig & Van Dam attorneys on the basis of all published judgments of judges.
Franchisor prohibits opening (franchise) company
A franchisor applied for interim measures to prohibit a franchisee from opening a franchisee's business.
Column Snack courier no. 8: “With 7 steps you comply with the privacy law”
Much has already been written about the General Data Protection Regulation (GDPR). The law has been applicable since 25 May, but many companies have not yet had their privacy policy in order.
Forced to switch to a different franchise formula at the existing location?
If a franchise formula ceases to exist, for example if it is incorporated into another organization, the question may be whether the franchisee is also obliged to be incorporated into