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05 November 2020 / news

How will the B2B Law affect distribution and services agreements?

With the Law of 4 April 2019 concerning the abuse of economic dependence, unfair clauses and unfair market practices in B2B relations (the “B2B Law”), the Belgian legislator has introduced a prohibition on 'unfair clauses' in agreements between enterprises. In short, the B2B Law prohibits each clause which, individually or taken together with other clauses, creates a significant imbalance between parties’ rights and obligations. Only the 'core clauses' of an agreement escape the new rules, provided that they are intelligible and clear/transparent.

How will the B2B Law affect distribution and services agreements?

The B2B Law furthermore includes a black list (4 clauses which are in all cases deemed to be unfair and therefore prohibited) and a grey list (8 clauses which are presumed to be unfair but the presumption can be rebutted). We refer to the webpage New rules in B2B relationships for further general information on the B2B Law. 

The legal uncertainty created by this new B2B legislation can have an important impact on your commercial agreements. Below, we will discuss its impact on distribution agreements (concession-, franchise-, or commercial agency agreements) and services agreements (e.g. consultancy agreements).

Don’t hesitate to reach out if we can be of any assistance to you in this respect.

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