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Online traders take note: the EU Commission’s online dispute resolution platform

Online traders take note: the EU Commission’s online dispute resolution platform

Online dispute resolution platform Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes has directly applied in all EU Member States, including Germany, since January 2016. The Regulation applies only to online trade with consumers by companies headquartered in Europe (i.e. not in Switzerland, China or the USA). ... Read More »

There is no penalty for not having a processor’s agreement

There is no penalty for not having a processor’s agreement

Since January, under certain conditions, substantial penalties can be imposed for breaching the Personal Data Protection Act [Wet bescherming persoonsgegevens (Wbp)]. The duty to report data breaches has also been in force since that time. This means that existing processor’s agreements had to/must be amended. Some people are now however ... Read More »

Can a judge (in interlocutory proceedings) forbid a party to terminate an agreement even though the contractual notice period has been observed?

Can a judge (in interlocutory proceedings) forbid a party to terminate an agreement even though the contractual notice period has been observed?

After a general introduction, this post will discuss a ruling by the judge in interlocutory proceedings in Rotterdam of 30 March 2016 on a continuing performance contract to produce and deliver dry soups which are eventually intended to be passed on to Heinz (ECLI:NL:RBROT:2016:2467). The purchaser ‘Continental Foods Belgium’ terminated ... Read More »

Negotiated contract clause and General Terms and Conditions of Business

Negotiated contract clause and General Terms and Conditions of Business

National legal systems routinely contain special provisions to be used for evaluating General Terms and Conditions of Business (GTC), and German law is no exception. Clauses that qualify as general terms and conditions of business are automatically subject to this rigorous scrutiny. If they do not withstand scrutiny, they are ... Read More »

IP rights of clients are not safeguarded in Tax Authorities’ ZZP-model agreement

IP rights of clients are not safeguarded in Tax Authorities’ ZZP-model agreement

The Employment Relationships (Deregulation) Act (DBA) comes into force on 1 May 2016. This legislative change means that the Declaration of Independent Contractor Status (VAR-declaration) is abolished. Our employment law colleagues have previously written about the employment law aspects of this but there is also important news in the field ... Read More »

The termination agreement – Key aspects under German labour law

The termination agreement – Key aspects under German labour law

There are many reasons why, in individual cases, the parties to an employment contract wish to part company or one party unilaterally terminates the employment relationship. One possible reason is the avoidance of dismissal proceedings, which entail risks for both parties. Alternatively, the parties may wish to quickly and smoothly ... Read More »

A commercial agent’s entitlement to indemnity: can this really be excluded?

A commercial agent’s entitlement to indemnity: can this really be excluded?

In Europe, commercial agent legislation is based on a uniform European directive (86/653/EEC) and is therefore largely harmonised and enshrined in law. The Directive provides for mandatory implementation by national law of some provisions in the respective national law, i.e. principal and commercial agent cannot deviate from this. Contractual agreements ... Read More »

What applies if a EU trademark having a reputation did not acquire a reputation with the local public in a state?

What applies if a EU trademark having a reputation did not acquire a reputation with the local public in a state?

A European trademark having a reputation in the EU will not always be recognised in all EU member states. Indeed, the trademark may not have a reputation at all in some member states. According to the EU Trademarks Directive (article 4 paragraph 3), an EU trademark having a  reputation enjoys ... Read More »

Online retailers should not exclude the cession of claims for defects in general terms and conditions

Online retailers should not exclude the cession of claims for defects in general terms and conditions

Facts Two commercial internet traders were parties to a dispute upon which a decision was taken in October 2015 by OLG Hamm. The defendant company operates in such market sectors as commercial electrical and electronic equipment, coffee machines, refrigerators, and washing machines. It utilises general terms and conditions that include ... Read More »

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