Your Partner in Retail and Franchising
The retail and franchising sectors are constantly evolving, influenced by the rise of online sales and increased focus on sustainability and corporate social responsibility. Franchising is a unique form of cooperation within the retail industry, with its own challenges and developments—such as the recent Dutch Franchise Act. Whether you are a store owner, franchisor, or franchisee, legal support is often indispensable. At Banning Advocaten, we understand the complexity of these sectors and offer tailored legal solutions to protect and strengthen your business.
What does legal advice in retail and franchising involve?
We offer a wide range of legal services essential to the operation and growth of your business. Legal matters in retail and franchising often span multiple areas of law, including contract law, lease law, competition law and intellectual property law. We frequently assist clients with:
- Contract law: Drafting, reviewing, and negotiating (franchise) agreements and related documents, including the mandatory pre-contractual information for potential franchisees. We also assist in terminating agreements and settling franchise relationships.
- Lease issues: Legal advice on shop leases and other commercial property contracts.
- Intellectual property: Advice on brand, trade name and other intangible asset protection.
- Competition law: Advice on non-compete clauses, (exclusive) purchasing obligations, discount campaigns and other potentially anti-competitive agreements or practices.
- Dispute resolution: Guidance in conflicts between franchisors and franchisees, including litigation where needed.
- Sustainability: Legal assistance with integrating sustainable business models.
- Privacy law: Guidance on managing and exchanging customer data between franchisees and franchisors.
With our legal expertise, we ensure your business complies with the applicable laws while proactively protecting your interests.
Our experience in the retail and franchise sector
- Drafting and reviewing franchise agreements and related arrangements, as well as termination support.
- Advising on the implementation, amendment or termination of franchise systems and formulas.
- Guidance on lease issues when opening or closing physical shops.
- Support with alternative sales models, such as pick-up points and shop-in-shops.
- Assistance with legal matters related to e-commerce, consumer law and unfair commercial practices.
- Strategic advice on pricing, exclusivity and marketing campaigns.
- Conflict resolution between franchisors and franchisees.
- Advice on customer data protection and privacy law compliance.
When should you consult a retail and franchise lawyer?
- During contract negotiations involving franchise agreements or formulas.
- In case of disputes between franchisors and franchisees regarding the Dutch Franchise Act.
- If you’re unsure about the legal impact of exclusivity, pricing, online sales bans or non-compete clauses.
- For questions about customer data protection and privacy.
- In lease conflicts over commercial premises.
By consulting a lawyer in time, you can avoid lengthy legal proceedings and secure a strong foundation for your business.
How do we work?
- Intake and analysis: We start by understanding your situation and legal questions.
- Strategic advice: We tailor our approach to your goals and needs.
- Legal support: From drafting contracts to dispute resolution, we deliver custom solutions.
- Future-proofing: We help mitigate risk by anticipating changes in legislation or market dynamics.
Why choose our retail and franchise lawyers?
- Specialist knowledge: In-depth experience in retail and franchising.
- Practical approach: We seek commercially viable, legally sound solutions.
- Strategic thinking: Legal support paired with business insight.
- Focus on innovation: We assist with new and alternative sales models.
- Full-service offering: A one-stop shop for legal services in franchise, leasing, dispute resolution and privacy law.
Conclusion
With Banning Advocaten, you benefit from legal expertise tailored to the retail and franchise sector. Contact us for more information or a no-obligation consultation—we’re here to strengthen your business legally.