Articles on Legal Matters
Practical legal information for entrepreneurs. Read what to look out for, which steps are sensible, and when legal advice is necessary.
The cabinet is taking on fake reviews
Legal Affairs
15 November 2021
Fake reviews — false positives or negatives — are inaccurate information and therefore a prohibited unfair trade practice. The government and Europe have started taking stricter action against them: traders must check whether...
Judge emphasizes how important it is to keep original documents
Legal Affairs
October 12, 2021
Conclusive evidential value is attributed solely to the original signed document, not to a copy. A kitchen salesperson who possessed only a copy of a delivery note lost his case as a result: because he...
Am I allowed to enter into an agreement with a drunk customer?
Legal Affairs
October 5, 2021
A drunk person is not legally incapable and can therefore validly enter into agreements — ordering a taxi ride or a sandwich remains legally binding. However, with important or detrimental agreements, you run a risk:...
Does a customer who picks up an online purchase have the right to a 14-day cooling-off period?
Legal Affairs
September 30, 2021
Yes: even if a consumer picks up their online purchase in the store, they in principle have a 14-day cooling-off period. The decisive factor is that the distance purchase (at home, online) is concluded...
Help, they are using my photo on their website!
Legal Affairs
September 23, 2021
If someone has used your photo without permission, you can take action: a sufficiently creative photo is protected by copyright, even without a copyright symbol (©). First, request by letter or email the...
What is a substitution agreement and why do you need it?
Legal Affairs
September 20, 2021
A substitution agreement transfers your rights or obligations under an existing agreement to a third party, who replaces you vis-à-vis the other party. That other party must, however, consent to it....
The Advertising Code Committee considers face mask advertising to be misleading
Legal Affairs
7 September 2021
A product claim that is correct in itself can still be misleading if the average consumer misinterprets it. A face mask with a “protection level of 98.65%” was deemed misleading by the Advertising Code Committee...
The judge emphasizes once again the importance of a proper notice of default
Legal Affairs
September 6, 2021
Without a valid notice of default, you are usually not permitted to terminate an agreement, engage a substitute party, or claim damages. A client who forgot this still had to pay his contractor over 1.7...
Free consent may be required for advertisements between emails
Legal Affairs
August 23, 2021
Email advertising is only permitted with prior, free, specific, and informed consent. According to the Advocate General at the European Court of Justice, this may also apply to advertisements that a mail provider...
Contracting and dissolution: the general terms and conditions as a solution
Legal Affairs
August 5, 2021
It is possible to dissolve an agreement pursuant to the law (Article 6:265 of the Dutch Civil Code) in the event of a breach, but it remains uncertain whether the court will consider the breach serious enough. By in...