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

Article Franchise+ – Franchisees enjoy the same protection as employees and commercial agents with regard to a non-competition clause – dated 7 May 2020 – mr. RCWL Albers

It often happens that, especially by franchisees, the validity of a post-contractual non-compete clause is considered too lightly.

By Remy Albers|07-05-2020|Categories: Statements & current affairs|

The support agreement for the Retail sector in this Corona crisis – dated 15 April 2020 – mr. K. Bastian

On April 10, 2020, the Ministry of Economic Affairs, together with a number of landlords, retailers and banks, reached a support agreement.

Important information for directors of franchisees associations: Online meetings and decision-making in times of corona – dated April 10, 2020 – mr. J. Strong

Emergency law provisions for legally valid decisions without physically meeting within the association structure.

By Jeroen Sterk|10-04-2020|Categories: Statements & current affairs|

Unilateral amendment of the franchise agreement by the franchisor allowed? – dated April 7, 2020 – mr. K. Bastian

Is the franchisor allowed to implement certain announced changes/adaptations to the formula on the basis of the franchise agreement agreed between the parties?

By mr. K. Bastiaans|07-04-2020|Categories: Statements & current affairs|Tags: , , , |
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