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.
Interruption of the statute of limitations: what is it and how do you do it?
Legal Affairs
June 25, 2020
By interrupting the statute of limitations, you prevent your claim from becoming time-barred and unenforceable. You interrupt the limitation period by sending the debtor a clear, written demand or notice in a timely manner in which you...
I am heavily reliant on hosting: how do I know if the SLA is up to par?
Legal Affairs
June 15, 2020
A Service Level Agreement (SLA) specifies the service levels your hosting provider guarantees — such as uptime and response times — and the consequences if these are not met. The most beautiful...
Contract for work or rather a contract for services?
Legal Affairs
June 4, 2020
Contracts for work and contracts for services are similar, but are legally different. In a contract for work, the contractor creates a tangible work (Article 7:750 of the Dutch Civil Code); in a contract for services...
Webshops and distance selling: 5 important checkpoints
Legal Affairs
May 25, 2020
If you sell via a webshop, European consumer rules for distance selling apply. Be sure not to forget these five checkpoints: the duty to provide information, the right of withdrawal, your general terms and conditions, the privacy rules, and transparent...
How do I set up a good dispute resolution mechanism?
Legal Affairs
May 21, 2020
A good dispute resolution mechanism ensures that problems are resolved without immediately going to court. You establish how complaints are reported, how you attempt to resolve them (for example...
I will not meet the delivery deadline. How can I rule out damage?
Legal Affairs
May 14, 2020
If you fail to meet an agreed delivery deadline, the customer may claim compensation or terminate the agreement — but usually only after a notice of default, unless a fixed deadline has been agreed. In...
When is something unreasonably burdensome in general terms and conditions?
Legal Affairs
May 11, 2020
A clause in general terms and conditions is unreasonably onerous if it unreasonably disadvantages the other party. The court can annul such a clause. For consumers, the law provides guidance with a blacklist...
What is the legal warranty and can I exclude it?
Legal Affairs
May 4, 2020
The statutory warranty entails that a product must meet what the buyer may reasonably expect of it (conformity). You cannot exclude or limit that warranty towards consumers;...
Can you invoke force majeure due to the coronavirus?
Legal Affairs
April 1, 2020
You can invoke force majeure if you are unable to keep an appointment due to a cause that is not attributable to you (Article 6:75 of the Dutch Civil Code). Whether that will succeed,...
When is bilateral mediation permitted?
Legal Affairs
March 25, 2020
In principle, a mediator may not act for two parties simultaneously — the prohibition against 'serving two masters'. If you do so nonetheless in a situation where it is not...