Articles about Entrepreneurship
Practical legal information for entrepreneurs. Read what to look out for, which steps are sensible, and when legal advice is necessary.
How long is the statutory payment term in the Netherlands?
Entrepreneurship
June 21, 2021
The Netherlands does not have a fixed statutory payment term: parties agree on this themselves. If nothing has been agreed, 30 days applies. Between companies, a term longer than 30 days is only permitted with...
New copyright has entered into force
Legal Affairs
June 14, 2021
Since June 7, 2021, new copyright rules apply in the Netherlands due to the transposition of the European DSM Directive. The main consequences: a new exception for text and data mining, better protection and a...
Municipality fined 600,000 euros for Wi-Fi tracking
Entrepreneurship
May 18, 2021
Wi-Fi or Bluetooth tracking to measure visitor numbers is privacy-sensitive: as soon as you link unique codes to smartphones over an extended period, you move from counting people to tracking people. The Municipality of Enschede...
Core clauses in the general terms and conditions are asking for trouble
Entrepreneurship
May 4, 2021
A core clause (which determines the core of the performance or the price) is legally distinct from a general condition, and the one excludes the other. Regarding a core clause...
According to the Supreme Court, Booking.com is a travel agent
Entrepreneurship
April 27, 2021
The Supreme Court ruled that Booking.com is a travel agent, despite calling itself an IT platform. The decisive factor is the concept of “mediation” (Article 7:425 of the Dutch Civil Code): whoever performs activities that are ancillary...
Incorrect address on webshop order: what about shipping costs?
Entrepreneurship
April 13, 2021
If a customer provides an incorrect delivery address, you may charge the shipping costs — including for a second shipment — if your general terms and conditions stipulate this. This applies...
This is what you can do to protect trade secrets
Entrepreneurship
April 8, 2021
You protect trade secrets with a combination of measures: use need-to-know access control, consider protection through intellectual property law, make binding contractual agreements (confidentiality, non-compete, and non-solicitation clauses with employees, a...
What is the PSD2 directive and what can I do with it?
Entrepreneurship
March 1, 2021
PSD2 is the revised European Payment Services Directive, in force in the Netherlands since early 2019. The biggest change: banks must — with the explicit consent of the customer and only to...
Advertorials and the ban on misleading and unfair advertising: how should it be done?
Entrepreneurship
February 9, 2021
An advertorial is advertising that resembles editorial content. That is allowed, but advertising must never be misleading or unfair: it must be clear to the reader that it is advertising...
Deleting comments and banning accounts: good house rules are important
Entrepreneurship
February 8, 2021
Anyone who manages a platform, website, or community is allowed to establish and enforce their own house rules (community guidelines) — think of removing offensive comments or banning accounts. That freedom...