The battle of forms is where a business enterprise has contracted with another business and both parties claim that their General Terms and Conditions are applicable to the contract that has been entered into. The question is which General Terms and Conditions apply in this instance?
Agency agreements under Dutch law are defined in book 7 of the Dutch Civil Code (DCC). Book 7 contains a number of specific type of agreements that need a specific form of protection. Agency agreements and employment agreements are examples of such specific agreements.
As we all know the UK left the EU with effect from 1 January 2021. How does this affect the transfer and processing of personal data in the UK. The Withdrawal Agreement entered into by the EU and the UK regarding the withdrawal of the UK from the EU sets out a certain transitionary period. This transitional period expired as from 1st July 2021, meaning that the UK is treated as a third country with respect to the transfer and processing of personal date. What does this mean in practice for privacy and data protection?
This article will explain in which way commercial agreements can be terminated under the Dutch Civil Code (DCC). The general rule in the Netherlands is that there is substantial freedom of parties to enter into an agreement.
In a case concerning the question whether a lessee of business premises is entitled to a rent reduction because of the coronapandemic, the Subdistrict Court of Roermond asked the Supreme Court preliminary questions on March 31. The answer to these questions is important for legal practice, because the answers from the Supreme Court will also give other tenants and lessors of business accommodations something to hold on to when solving concrete cases.
It may be that your commercial enterprise was still negotiating the terms of a commercial contract and the negotiations did not result in an agreed written contract. At least that is what you thought until you received an invoice.
The qualification of an employment relationship is of great importance. It determines which rights and obligations the parties have towards each other. The relationship between employer and employee is very different from the relationship between client and contractor. If possible, it is wise to make as clear as possible an agreement about the relationship. This prevents problems in the future. But what if the parties have a different opinion about the qualification of the employment relationship?
In the assignment contract between the client and the contractor, a non-competition clause can be agreed - just as with employers and employees - so that the client can protect its business interests when the relationship with the contractor ends.
In this article we discuss the so-called 'no-risk policy' and points of attention for employers who employ personnel with a no-risk policy. We discuss what the policy entails and what this means for the reintegration obligations when the employee becomes disabled.
A works council WC has a right to consent with regard to proposed decisions to adopt, amend or repeal a regulation pursuant to Section 27 of the WOR. But what if the Works Council refuses to give its consent to the implementation of the resolution? Is that reasonable, or do the interests of the employer outweigh the interests? And what can the entrepreneur do?
Legal questions, or even conflicts, are part of doing business. According to LVH, this is not something to fear, but something to take seriously. LVH’s goal is to help you in such a way that you can continue to concentrate on your business operations with peace of mind. LVH is a Rotterdam law firm with skilled, committed and decisive lawyers who, through their way of working, are able to build long-term relationships with their clients and, in a position as in-house lawyer, can and may support entrepreneurs with all possible legal issues. LVH is convinced that professionalism and job satisfaction go very well together, both in the relationship with customers and with each other in the office.
Visiting address
World Port Center Rotterdam
Wilhelminakade 955
3072 AP Rotterdam
By phone: 010 209 27 77
E-mail: info@lvh-advocaten.nl
Legal questions, or even conflicts, are part of doing business. According to LVH, this is not something to fear, but something to take seriously. LVH’s goal is to help you in such a way that you can continue to concentrate on your business operations with peace of mind. LVH is a Rotterdam law firm with skilled, committed and decisive lawyers who, through their way of working, are able to build long-term relationships with their clients and, in a position as in-house lawyer, can and may support entrepreneurs with all possible legal issues. LVH is convinced that professionalism and job satisfaction go very well together, both in the relationship with customers and with each other in the office.
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Visiting address
World Port Center Rotterdam
Wilhelminakade 955
3072 AP Rotterdam
By phone: 010 209 27 77
E-mail: info@lvh-advocaten.nl