B2B legislation in the spotlight
As part of our ‘B2B legislation in the spotlight’ series, we focus on provisions in key M&A transaction documents in this new publication. Although the new legal framework was not earmarked for an M&A context, its broad scope of application creates a potentially far-reaching impact on transaction documentation. Until the broad call for repair legislation to reduce its scope of application is answered, a period of legal uncertainty beckons.
As part of our ‘B2B legislation in the spotlight’ series, we focus on two grey list clauses deemed unfair in this new publication. As such, we focus on clauses requiring one party to commit itself contractually without providing for a reasonable termination period; and clauses exonerating one business of its, or its agents’, liability for fraud, gross misconduct or, except in the event of force majeure, for non-performance of essential obligations.
As part of our ‘B2B legislation in the spotlight’ series, we focus on a few unfair clauses of particular relevance for commercial and IP agreements in this new publication. From a commercial and IP law perspective, a number of agreements are likely impacted, including (but not limited to) agency, concession, distribution, franchise or other commercial cooperation agreements, settlement agreements, general terms and conditions, supply agreements, IP assignment or license agreements and IP security agreements.
As part of our ‘B2B legislation in the spotlight’ series, we focus on clauses of particular relevance in a dispute resolution context in this new publication. We discuss, among others, what constitutes a waiver by one contracting party of any legal remedy in the case of dispute; what an inappropriate exclusion or limitation of legal rights in the case of non-performance or inadequate performance is; and how to interpret an excessive penalty clause.
As part of our ‘B2B legislation in the spotlight’ series, we focus on the impact of the B2B protection regime on the real estate market in this new publication. Every contract, including a typical real estate contract, is susceptible to falling under the scope of the B2B protection regime. In our newsletter, we give a short overview of the main principles of the B2B protection regime, and focus on issues of particular relevance for the real estate sector.
As part of our ‘B2B legislation in the spotlight’ series, we focus on the impact of the B2B protection regime on the financial industry in this new publication. While, at first glance, the impact may seem limited given the broad financial services exemption, you will quickly understand that the financial industry will not entirely escape its reach. Through a series of questions and answers we help you find your way and assess whether and to what extent the regime will apply to your B2B relations and how this can be addressed in your daily practice.
Our ‘B2B legislation in the spotlight’ microsite is dedicated to the uncovering of the B2B protection regime fighting unfair contractual terms and unfair market practices in Belgium. In our first edition, we provide an overview of this already much-debated legislation.