Legal News

The new B2B contracts law - what will change?

The impact of this new law on your business cannot be underestimated: your general terms and conditions and your contracts will most likely contain a number of clauses that will soon no longer be legal.

The law has already introduced protection for consumers (B2C). However, this will soon also be the case if you are doing business with a "company", i.e. another company (B2B). Simply imposing a very strict contract or draconian general terms and conditions will no longer "pass muster".

The way in which your company has to negotiate and draw up its contracts and conditions will therefore change considerably.

The black list = prohibited clauses

From now on, a number of clauses will ALWAYS be unlawful, and therefore void. For example: an acceptance clause in the contract or general terms and conditions that is too far-reaching.

But there is also a "grey" list

A number of clauses are unlawful, and therefore void, UNTIL it is proven that the clause does not cause a "manifest imbalance" in the contract or general terms and conditions. For example: a unilateral change of the terms of the contract or a tacit renewal without notice "may" be null and void. "Manifest imbalance", you said? And who has to prove that? You can already hear it: this is going to be an endless discussion that you, as a business owner, are not exactly looking forward to.

From when?

This law applies from Tuesday, 1 December 2020, to ALL contracts and general terms and conditions that are concluded, renewed or amended from that date (except: financial services and public procurement).

What should my company do?

The obvious solution is to avoid endless discussions by pre-emptively amending your own contracts and terms and conditions. Conversely, it may also be particularly interesting - with the new law in hand - to take a look at the contracts and general terms and conditions of your customers and suppliers.

Defensis Law Firm  has specific experience in corporate contract management and the drafting of corporate contracts.

Working together with you, we map out the "contractual framework" of your company. We will then analyse your crucial contracts and general terms and conditions, not only those that you draw up and use yourself, but often also the contracts and conditions with your customers or suppliers. Where possible and necessary, we will bring the contracts and conditions into line with the law.

As always - prevention is better than cure ...

Any questions?

Please contact us for a no-obligation consultation or quotation.

Defensis Law Firm

Wouter Van Cutsem

wvancutsem@defensis.be

+32 (0)2 892 60 71 (direct)

+32 (0)2 892 60 70 (administration)

+32 (0) 475 815 925 (mobile)