Legal Affairs

In the event of a transfer of undertaking, employees in principle automatically (by operation of law) transfer to the buyer, retaining their job, salary, and terms of employment. This applies only if the...

Transferring a company car to private ownership is possible, but only if you can substantiate a genuine “special circumstance”—usually a demonstrably changed use. If you do not do this properly and...

A water board can be liable for damage caused by flooding, but only if it has breached its duty of care. A water board has a duty of care for water management and for the maintenance of...

Yes, a licensee may in principle outsource software maintenance to a third party, but only within the limits of Section 45j of the Copyright Act. Whoever lawfully obtained the software may...

Including advertising in the comments field of a bank transfer falls under the spam rules of the Telecommunications Act. The Advertising Code Committee ruled that such a comments field is an "automated communication system": it is not...

An exemption clause is not automatically valid. A clause limiting or excluding your liability can be set aside by the court, especially in contracts with consumers. Towards a consumer...

A deed of assignment is only legally valid if the transferred claim is sufficiently ascertainable. The deed itself must contain enough objective information to establish – if necessary retrospectively –...

Yes, the right of withdrawal remains applicable after a consumer has removed the protective film or seal from a product such as a mattress. A provision in your general terms and conditions that...

Upon termination of a lease agreement, the phosphate rights in principle belong to the lessee. In principle, the lessee is not required to transfer them to the lessor and may...

You make a non-disclosure agreement (NDA) enforceable by clearly defining six things: a concrete objective, a clear definition of what is confidential, practical usage agreements, a check on the terms...