Commercial law

In the age of the never normal, commercial operations are constantly subject to change. The same holds true for commercial law applicable to these operations. As a consequence, every business is in a constant flux of change, be it in contractual relations with clients and suppliers, relations with competitors, implementing the newest commercial laws and regulations, etc., which can be hard to oversee and manage. In order to unburden and assist the business and to optimize the commercial legal strategy, our commercial team can assist you in the areas below. Our preferential cooperation with EY Tax furthermore ensures that our clients get a holistic approach on all their (international) commercial needs.

General Terms & Conditions (GT&C)

Where commercial operations are at the core of your business, GT&C are at the legal heart of your product/service offering. It is therefore vital that these are fully up-to-date (new Belgian Civil Code, B2B and B2C legislation) and bespoke to your product or service offering. Every business is different, so are the expectations that should be translated in the GT&C. Sufficiently robust GT&C will not only mitigate risks (against untrustworthy debtors and towards unpredictable changes in circumstances), but avoid costly litigation altogether. Businesses should furthermore consider their GT&C strategy in order to ensure that your clients are able to receive and accept the GT&C, especially in an online environment (Error 404, general terms and conditions not found).

Commercial agreements

Our team can assist you in negotiating and drafting bespoke commercial agreements such as sales, commercial and office leases, service contracts and commercial co-operation agreements, loans, guarantees, settlement agreements, sui generis contracts, etc. Thanks to our wide range of expertise and our multidisciplinary approach, EY Law will ensure that your business interests are protected. Our team will also address the Private International Law issues that could arise in international or cross border commercial arrangements.

Consumers, e-commerce, digital platforms and advertising

Consumer protection, (digital) products and services, e-commerce, digital platforms and advertising are subject to a myriad of regulations, both on national and EU level. Our team can guide you trough the maze of rights and obligations, ensuring compliance with:

consumer protection rules (in the digital age)
trade practices, including on the internet and social media
online platform regulations, e.g. Platform2Business Regulation, Digital Services Act
packaging and labeling requirements
product liability
advertisement rules and restrictions
health and safety regulations

Website audit – compliance

Our team can furthermore assist with a website audit in order to ensure that all the above commercial aspects are complied with and ensure that it is GDPR compliant.

Trade intermediaries: (exclusive) distribution, commercial agency and franchising and mandatory pre-contractual obligations.

In today’s business environment, many businesses seek expansion through different types of trade intermediaries, e.g. (exclusive) distribution, commercial agency and franchising. Our team can assist you in optimizing your commercial (expansion) strategy and guide you through the pitfalls and complexities of setting up an intermediary structure, including mandatory pre-contractual obligations, termination modalities, NDA’s, impact of competition law, etc. Our extensive local knowledge is furthermore complemented by our global reach (EY Law is present in more than 90 jurisdiction across the globe), offering you a one stop shop for all your intermediary needs.

Unfair commercial practices and competition

Businesses are not only bound to fair practices towards their customers, but also towards their competitors. Unfair competition, misuse of commercial secrets, refusal of sale, restraint of trade or discriminatory practices. All these unfair market practices by competitors should be addressed in a swift and efficient motion. Our team can help safeguard your position against unfair practices from competitors and mitigate damage in case of a lawsuit brought by a competitor, e.g. by exploring alternative dispute resolution methods such as negotiation, mediation and arbitration.