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Distribution & Franchising


At first sight it would appear that the activities of a distributor and a commercial agent have much in common. Even so, the statutory regulations that apply to distribution and agency agreements have essential differences. This affects not only the rights accruing to the contracting parties but also to the obligations resting on them. For this reason, it is important for you to know exactly what type of agreement you conclude and what consequences this may have for you.

CMS has many years of experience in this area. We guarantee you an agreement that is in accordance with all the applicable statutory provisions while at the same time fully safeguarding your interests. Furthermore, through the international CMS organisation we can provide you with expert assistance in concluding an agreement with a foreign party.

Franchising is a form of distribution that is being increasingly chosen by companies. Franchising combines independent enterprise for the franchisees with the opportunity to link up with and make use of a total concept devised and developed by the franchiser. At present there are about 650 franchise formulas in the Netherlands and this number is continuing to rise, particularly in the general and business service sectors.

Uniformity in the formula is vitally important. The formula ensures recognition among consumers and customers, and offers the opportunity to achieve economies of scale through joint purchasing, advertising, automation etc.

Franchising is a contract not referred to in law, containing elements of various agreements such as purchase, licence and leases as well as forms of finance, and in which competition law also plays an important restricting role in the franchise relationship. The franchise relationship is therefore governed by a number of statutory rules with a specific franchise interpretation.

CMS has built up many years of experience, both nationally and internationally, in franchising practice within its organization, and also wide experience in drawing up and amending franchise contracts and supervising the start and changes within franchise organizations. We also act as intermediaries and conduct litigation in disputes between the franchiser and franchisee.

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Wheth­er you are con­cerned or ex­hil­ar­ated, the age of AI is here – from vir­tu­al as­sist­ants, to driver­less vehicles and fric­tion­less shops. CMS’ latest re­port uses ex­tens­ive con­sumer re­search and a sur­vey of busi­ness lead­ers to ex­plore AI tech­no­lo­gies and the new cus­tom­er jour­ney, the chal­lenges of im­ple­ment­ing AI, and the con­sumer at­ti­tudes that will ul­ti­mately shape its fu­ture.Key themes arising from the re­search in­clude:Data, trust & eth­ics in AI – why re­tail­ers and con­sumer or­gan­isa­tions may need AI eth­ics boardsCon­sumer read­i­ness - why age is keyAI skills short­ages in con­sumer or­gan­isa­tionsHow AI might ac­tu­ally re­in­vig­or­ate, not hurt, the high-streetLeg­al & reg­u­lat­ory con­cerns - from the com­pet­i­tion as­pects of dy­nam­ic pri­cing to GDPR in auto­mated de­cision mak­ing.If you would like a hard copy of the at­tached re­port please con­tact Mael Habell-Aili.
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CMS Com­mer­cial Glob­al Bro­chure
Com­mer­cial law reaches in­to all sec­tors. It is the core of every busi­ness.Today’s in­creas­ingly reg­u­lated mar­kets de­mand that op­er­at­ors man­age com­mer­cial risk as they work to­wards their busi­ness ob­ject­ives. Suc­cess de­pends on suc­cess­ful re­la­tion­ships with cus­tom­ers and sup­pli­ers, based on ef­fect­ive sec­tor-spe­cif­ic con­tracts. Busi­nesses need the right leg­al an­swers, groun­ded in the con­text of their spe­cif­ic mar­kets. Our mul­tidiscip­lin­ary teams are trained to un­der­stand the cul­tur­al and busi­ness factors im­pact­ing our cli­ents’ com­mer­cial ar­range­ments.
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