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General Conditions

Netherlands

General Terms and Conditions are an indispensable tool for risk management. It is simply impossible to negotiate every transaction down to the very last detail, and that is why professional organizations use General Terms and Conditions. These serve as a safety net when too much is demanded of your leniency and the general statutory regulations are to your disadvantage.

Drawing up General Terms and Conditions is tailor-made work. Your organization is different to others and you need to bear this in mind when placing your risks within a legal framework. It is also advisable to think about whether you conclude international contracts, what function your website fulfils, and whether in addition to conditions of sale you also need contracts of purchase, conditions for professional services and tendering of work and other schemes specific to your activities.

CMS can take care of all these aspects to do with drawing up General Terms and Conditions. In this way, you can be your own lawmaker. Furthermore, will give you information on the way in which you should use your General Terms and Conditions, since even the very best ones are of no value whatsoever if they are not applied correctly. Of course we can also screen your existing General Terms and Conditions or provide you with a set of standard conditions if you feel that this would suffice in your situation.

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January 2019
The ten­sion between GDPR and the rise of block­chain tech­no­lo­gies
We live in an era of rap­id tech­no­lo­gic­al de­vel­op­ment. Though this provides hu­man­ity with amaz­ing op­por­tun­it­ies to en­hance our stand­ard of liv­ing, it also forces law­makers to work around the clock to ana­lyse and cap­ture the im­plic­a­tions of the tech­no­logy in­to le­gis­la­tion. The same is true for the sub­ject of this pa­per – the ten­sion between the re­l­at­ively new Gen­er­al Data Pro­tec­tion Reg­u­la­tion (GDPR) and the quick rise of block­chain and oth­er dis­trib­uted ledger tech­no­lo­gies (DLTs).GDPR was draf­ted based on a world in which cent­ral­ised and iden­ti­fi­able act­ors con­trol per­son­al data. Block­chain works rad­ic­ally dif­fer­ently. This tech­no­logy aims to move the power over per­son­al data away from cent­ral­ised en­tit­ies by pro­cessing it in a de­cent­ral­ised en­vir­on­ment. One could ima­gine that the pro­cess of ap­ply­ing le­gis­la­tion based on a cent­ral­ised view to tech­no­logy without a clearly iden­ti­fi­able cent­ral­ised en­tity might cause some ten­sion. However, the de­cent­ral­ised nature of block­chain tech­no­logy is not the only factor that causes leg­al and com­pli­ance chal­lenges.The near im­mut­ab­il­ity of trans­ac­tions, of code (e.g., smart con­tracts) and, in gen­er­al, of blocks in a block­chain po­ten­tially af­fects the rights of data sub­jects.This pa­per briefly ad­dresses three main is­sues arising out of the ten­sion between the GDPR and block­chain.
June 2019
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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De­liv­ery prob­lems and the coronavir­us: force ma­jeure or not?
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