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
Ludwig & Van Dam in Distrifood Magazine about the Franchise Act
Interview about the current obstacles for independent supermarket entrepreneurs and ...
No franchise agreement, but membership of a cooperative
In certain cases, agreements made in a franchise agreement may ...
Post prohibition of competition and transfer of the business to the life partner
A franchisee is a company. The franchisee and the private ...
Not a franchise agreement, but a general cooperation agreement
The Franchise Act offers franchisees various protective provisions. Earlier, the ...
Albert Heijn has to divest 5 Jan Linders stores
Jan Linders becomes an Albert Heijn franchisee and will therefore ...
Agreed early termination of the franchise agreement
A franchise agreement is usually concluded for a specific period ...