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
News
German Federal IT security authority publishes guidelines for AI developers
The German Federal Office for Information Security (BSI) is already providing support with a whole series of statements on the subject of artificial intelligence (partly even in English).
It is therefore all the more gratifying that the BSI has in the meantime also addressed the question of how developers can practically protect machine learning systems from the most relevant threats and take adequate protective measures in a guideline.
The BSI distinguishes between three central threats in its guideline: Evasion attacks, attacks that aim to extract information, and backdoor attacks. These attacks will be briefly presented and illustrated in the following.
Whistleblower protection and the right of access on a collision course – challenges in the parallel application of whistleblower protection and Art. 15 GDPR
The enactment and applicability of the German implementation law (“German Whistleblower Protection Act”) for the Whistleblowing Directive (Directive (EU) 2019/1937) is in sight even though the law was not passed yet because the “Bundesrat” did not agree to the text adopted by the “Bundestag”. It might still take some time until the two parliaments agree on a final text. However, there is time pressure due to Germany already falling far behind the deadline for the implementation of the European Directive. This also means that the legal obligation to set up an internal reporting channel is getting closer for very many German companies (all with generally at least 250 employees).
NIS-2 Directive: New provisions to strengthen cyber resilience and security
The Directive on measures for a high common level of cybersecurity across the Union ("NIS-2 Directive") published in the Official Journal of the European Union on December 27, 2022, aims to harmonize cybersecurity requirements in the EU and imposes new cybersecurity obligations on companies. It will replace the previously applicable NIS Directive.