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
Territorial scope of NIS-2 – When does the German BSIG apply to managed service providers (MSPs) from third countries?
In a previous article (only available in German), we addressed the question of who qualifies as a managed service provider (MSP) or managed security service provider (MSSP) under the amended German Act on the Federal Office for Information Security and on information security in entities (BSI Act – BSIG) (Note: There is currently no official English translation of the current version of the BSIG. However, there is at least a machine translation by the EU.). If a company within a group of companies is centrally responsible for the operation of the group's IT, it can be classified as an MSP and thus as an important or particularly important entity within the meaning of Sec. 28 para. 1 no. 4 and/or Sec. 28 para. 2 no. 3 BSIG – provided that it falls within the scope of the BSIG.
NIS-2: Obligation to designate a representative for entities in third countries
Within the scope of the NIS-2 Directive (NIS-2-RL), situations may arise in which providers of certain NIS-2-relevant services, such as managed service providers, are based solely in a third country but offer services within the EU. According to Art. 2 (1) NIS-2 Directive, the territorial scope of application applies as soon as a company provides a service or carries out activities in the EU. Art. 26 NIS-2 Directive specifies this scope of application to the effect that, in principle, the Member State in which the entity is located and thus its respective implementing law is applicable. We have already written an article on this subject.
New awards for our partners
We are very pleased that Prof. Dr. Burghard Piltz and Dr. Carlo Piltz have received further awards from the Handelsblatt and have been included in the 16th edition of The Best Lawyers in Germany™.