Articles about Blog
Practical legal information for entrepreneurs. Read what to look out for, which steps are sensible, and when legal advice is necessary.
Is it permitted to sublet part of my business premises?
Contracts
May 22, 2019
Yes, in principle you may sublet part of your leased business premises. Article 7:221 of the Dutch Civil Code grants the tenant that power, unless you should have assumed that the landlord had reasonable objections to it...
A penalty clause in an employment contract is no child's play
Employment Matters
May 20, 2019
A penalty clause in an employment contract is only valid if it is laid down in writing, specifies exactly which regulations the penalty applies to, states the amount of the penalty, and determines where the penalty is to be paid...
May the license holder outsource software maintenance to a third party?
Legal Affairs
May 16, 2019
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...
Do you want to award an all-in salary? Then pay close attention!
Employment Matters
15 May 2019
An all-in salary is permitted in the Netherlands, but only under strict conditions. You may pay out holiday allowance and wages for vacation days together with the regular salary, provided that you...
Explained: contractual limitation periods in general terms and conditions
Contracts
May 13, 2019
A contractual limitation period in your general terms and conditions is a period within which your customer must complain, file a claim, or institute legal proceedings – if he fails to do so within...
Incorrect details on CV justify summary dismissal
Employment matters
May 9, 2019
Yes, lying on a CV can be a valid reason for summary dismissal, but not automatically. An employer may rely on the CV in good faith: it applies...
What is a gag clause and when is it valid?
Contracts
May 8, 2019
A gag clause is a contractual agreement whereby one party waives the right to take legal or administrative action against a specific subject, for example by not...
Transfer comments field is an automatic communication system
Legal Affairs
May 6, 2019
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...
A signature is less crucial than you think
Contracts
May 2, 2019
A signature is not a legal requirement for most agreements. Under Dutch law, freedom of form applies: an agreement is concluded through offer and acceptance, regardless of whether it is in writing...
Renting a car from your own private limited company does not result in an exemption from the taxable benefit
Entrepreneurship
May 1, 2019
No. Temporarily “renting” a car from your own BV during a holiday does not result in an exemption from the taxable benefit. From a tax perspective, the car remains made available to you, even...