Retail & Franchise
Developments in retail
Retail is changing rapidly. The rise of Internet sales, among other things, has created a new reality. The focus on physical stores is increasingly shifting to selling via the Internet and mobile. Trends such as omnichannel, pick-up points, shop-in-shops and pop-up stores are impossible to imagine the current retail landscape without. Consumers buy where and when they want. Convenience is the key word and 'big data' plays an increasingly important role. In addition, aspects such as sustainability and corporate social responsibility play an increasingly important role in consumer choice. The challenge for today's (r)etailer is to keep up with these developments. In doing so, they are increasingly competing with producers engaged in direct sales. Moreover, the regulator Authority Consumer & Market is increasingly actively monitoring unfair commercial practices in the (Internet) sale of consumer products.
Developments in franchising
A special form of cooperation in the retail sector is franchising. Formulas such as those of Hema, Albert Heijn, McDonalds, and Hunkemöller enjoy great name recognition. The franchise sector is characterized by its great diversity in chains and formulas: from hotels, supermarkets, clothing stores and eateries to business service providers. Legal questions are often at the intersection of contract law, lease law, competition law and intellectual property law. However, franchising is not only about the contractual or legal relationship between parties, but rather the relational aspect plays an important role. Parties usually aim to enter into a long-term relationship with each other.
Like the retail sector, the franchise sector is in a state of flux: the Dutch Franchise Code ("NFC") will be enshrined in law. The draft bill is currently up for consultation. The purpose of this bill is to strengthen the position of the franchisee and in this way ensure that both prior to and after the conclusion of the franchise agreement, the interests of the franchisor and those of the (prospective) franchisee are better balanced. The reaction to the legal enshrinement of the NFC has been very mixed and it remains to be seen whether the objective intended by the legislator will actually be achieved.
Our expertise
Our Retail & Franchise sector assists well-known brand manufacturers and large franchise formulas on a variety of legal and strategic aspects. Naturally, classic topics such as drafting franchise agreements, intellectual property protection, rental law aspects of stores and litigating and advising on (franchise) disputes are regularly discussed. However, our specialists also have extensive experience with new trends, such as pick-up points, shops-in-shops, social media, and the Internet in a more general sense. We also regularly receive questions about pricing policy and marketing, the (im)possibilities of Internet sales, exclusivity, advertising campaigns, managing customer data and unfair business practices. On all these aspects, our specialists can provide you with advice.
With us you are assured of professional support in the field of retail & franchising. Please contact our specialists to receive more information or to schedule a no-obligation consultation.