Articles about Blog
Practical legal information for entrepreneurs. Read what to look out for, which steps are sensible, and when legal advice is necessary.
Under what conditions are you allowed to process employee data?
Privacy
January 30, 2020
You may only process employee data if this is necessary and based on a valid legal basis. Due to the hierarchical relationship, employee consent is usually not a suitable legal basis; you often base...
Be careful when drafting a guarantee agreement
Contracts
January 29, 2020
With a suretyship agreement, a third party—the surety—promises to pay the debt of another if that party defaults. It provides the creditor with additional security, but...
What is an age clause and when is it relevant?
Contracts
January 27, 2020
An age clause is an exemption clause by which the seller of an older item — often a home or second-hand vehicle — limits his liability for hidden defects associated with age...
Drafting a study cost clause is absolutely not easy
Employment Matters
23 January 2020
With a study cost clause, you agree that an employee repays (part of) the study costs if they leave employment. Please note: since a change in the law in 2022, mandatory training must...
Are you allowed to summarily dismiss an employee with a fake diploma?
Employment Matters
22 January 2020
A forged diploma can justify summary dismissal, but only if the diploma is genuinely relevant to the position and you act without delay. Furthermore, it rests upon you...
Many difficulties in drafting a cancellation fee clause
Legal Affairs
January 20, 2020
You may charge cancellation fees if a customer cancels an order, but for consumers, a cancellation fee clause is on the grey list (Article 6:237 of the Dutch Civil Code): it is presumed to be unreasonably burdensome...
What is the right of suspension and can you make agreements about it?
Legal Affairs
January 16, 2020
The right of suspension gives you the right to postpone your own obligation as long as the other party fails to fulfill its agreement (Article 6:52 of the Dutch Civil Code). However, you may not simply exercise it:...
Avoid unclear terms in legal documents
Contracts
January 15, 2020
Unclear terms in a contract often lead to conflict, because interpretation in the Netherlands is not purely linguistic: the judge looks at what the parties could reasonably expect from each other (the...
Why you should include a preamble in your agreement
Contracts
January 13, 2020
A preamble is the introduction to an agreement in which you describe who the parties are, what they wish to achieve, and how the agreement came into being. The preamble itself contains...
What is a non-compete clause and when is it valid?
Employment Matters
9 January 2020
A non-solicitation clause prohibits a former employee from doing business with the employer's business relations after leaving employment. It is a form of non-competition clause and is only valid if it is in writing...