Franchising is a form of partnership more and more people are choosing as a way of going into business. This business model is particularly popular in the Netherlands, which is leading Europe in this trend.
Each of the attorneys in the Franchise practice group focuses their specific areas of legal expertise primarily on franchising matters. We bring together the wide range of specializations available in our firm (contract law, tenancy law, competition law, insolvency, intellectual property, and everything else that can be relevant in franchising situations) to give our clients the best and most in-depth advice. This full-service approach, which puts all the specialized knowledge available in our firm into your hands, makes us truly a one-stop shop for franchisors.
Our specialist service approach is a multi-pronged approach that includes: advising on the setup of new franchise formulas (or expansion of existing ones), drafting contracts and advising on franchising agreements, and litigating when franchise-related disputes arise.
Our franchise team has over 20 years of experience in the field and an impressive track record both nationally and internationally. LXA is the house law firm for over 35 national franchising organizations, making us one of the biggest in the nation.
The Franchise Act came into force on 1 January 2021. When the Franchise Act takes effect, all franchise formulas in the Netherlands and those that have declared Dutch law applicable must comply with the provisions set forth in this Act. The Franchise Act is of mandatory law and is compulsory for all franchisors whose franchisees are established in the Netherlands. The Franchise Act may not be deviated from to the detriment of these franchisees. An exception is made for franchisees who are not established in the Netherlands. This group of franchisees may be exempted from the Franchise Act even if the franchisor is established in the Netherlands and/or Dutch law has been declared applicable to the franchise agreements.
For franchise agreements concluded before the Franchise Act came into force, a transitional period of two years applies to two articles (Articles 920 and 921). These two articles relate to the contents of the franchise agreement, including the right of consent, goodwill and the non-competition clause. This transitional arrangement does not apply to franchise agreements concluded as from 1 January 2021. This means that, by 1 January 2023 at the latest, all franchise agreements must comply with the Franchise Act.
It goes without saying that LXA is keeping a close eye on this whole process and that our lawyers will advise franchise organisations (pro)actively in this respect.