CONTRACTS WITH INTERNATIONAL DISTRIBUTORS, SALES AGENTS AND FRANCHISEES
Cross-border trade makes extensive use of commercial agents or distributors. The inevitable clash of different legal systems and differently shaped ideas of the parties involved at the international level makes contracts with foreign distribution partners incomparably more demanding than contracts between domestic parties. In addition, such contracts are usually designed for the longer term and are therefore intended to endure even under changed circumstances.
Piltz Legal offers you many years of experience and comprehensive expertise for the establishment or expansion of your international sales activities. With contacts in virtually all parts of the world, we can also advise you when less common jurisdictions need to be considered.
Many legal systems have special provisions to protect the commercial agent or distributor. These protective provisions are usually mandatory law and therefore cannot be disregarded.
Particular challenges arise with regard to the consequences of the termination of distribution agreements. Compensation payments, cancellation reserves, reimbursements of unamortised expenses and the return/redemption of contract goods are just some of the points to be regulated.
Prof. Dr. Piltz is Country Expert of the International Distribution Institute (IDI), Turin, which provides solid information on distribution contracts worldwide.
- Distribution/authorised dealer agreements
- Exclusive distribution agreements.
- Agency agreements
- Commission agreements
- Franchise agreements
Your Piltz Legal contacts
ECJ ruling on VIN and general aspects of the term 'personal data'
The consequences of the ECJ's decision in Case C-319/22 (also referred to as the ‘Scania case’) of November 9, 2023 will certainly be discussed in the data protection scene for a long time to come. It is already visible that the judgment creates big waves in the automotive industry and related sectors, but also in the data protection community in general. However, it seems doubtable whether this is justified or whether essentially the same aspects as before the decision must be taken into account when clarifying the question of the existence of personal data. In the exact case dealt with by the ECJ, it will first be decided by the Regional Court of Cologne whether the VIN is indeed personal data for vehicle manufacturers and independent operators. The ECJ ruling itself does not yet provide a direct and unambiguous answer
Advocate General at the CJEU: Concerning the appropriateness of technical and organisational measures and compensation for non-material damages in the event of a hacker attack
Advocate General at the Court of Justice of the European Union (CJEU), Giovanni Pitruzzella, published his opinion in case C-340/21 on 27. April 2023 regarding the conditions for compensation for non-material damages and the burden of proof for the appropriateness of technical organizational measures (TOMs) under Art. 32 GDPR in connection with a hacker attack.