AgriFood

 

This sector decided to tie its economic future to corporate social responsibility several years ago. The challenges faced by the sector involve sustainability, process efficiency, food safety, finding and retaining suitably qualified staff and product innovation through the adoption of new technology.

The sector also regularly has to cope with new legislation and regulations from Brussels and The Hague. The public’s call for monitoring food safety results in legislation and inspections.

What can we do for you?
Lawyers with expertise in different practical areas collaborate in the AgriFood industry group. This means that our lawyers can propose optimum solutions based on an intimate knowledge of their professional area and the sector itself.

This sector decided to tie its economic future to corporate social responsibility several years ago. The challenges faced by the sector involve sustainability, process efficiency, food safety, finding and retaining suitably qualified staff and product innovation through the adoption of new technology.

We can assist in the following areas:

Cooperation contracts
We provide advice on opportunities and risks when drawing up cooperation contracts with customers, suppliers, investors and other partners. We also consider any issues related to competition law.

ICT
ICT often plays a crucial role in keeping machinery, equipment, networks, etc. in operating condition. If you choose a cloud solution for your network, you need to consider privacy aspects and availability. We are familiar with this type of contract and can make sure that your position is properly protected. If the software supplier does not deliver what you had agreed, we can help you in the ensuing discussions with that supplier.

Concept development, knowledge development and product development
We advise you on how to protect know-how adequately or on how to share it correctly. In addition, we advise you on how to contractually document concept development, knowledge development and product development and how to protect these assets through copyright, trademarks, patents, breeders’ rights, etc.

Food safety
Different national and international legislation and regulations exist in the area of food safety. We provide advice on the opportunities and risks that apply in your case. We advise you on the agreements in contracts relating to food safety; for example, in the area of product liability and product recalls.

Doing business internationally
When you sign contracts with foreign parties, you have to deal with issues such as the legal code that applies to the contract, stating whether or not the Vienna Sales Convention applies, stating whether INCO terms apply and, if so, which terms, etc. We advise you on these aspects. Thanks to our international network, we often have a relationship with a lawyer in your trading partner’s country, meaning that we can involve a local lawyer if required.

Competition aspects
Companies are growing steadily larger through mergers and acquisitions. This means that Dutch and European competition law may sometimes impose restrictions. Regulators such as the ACM have a particular interest in contractual arrangements/mergers in the Food industry. We can advise you on how to avoid competition law problems.

Employment law
Not only are we specialists in general employment law, we are also familiar with specific collective labour agreements and other relevant regulations in this sector. We guide and assist you during reorganisations, in relation to questions about how to apply the collective labour agreement, etc.

Audits, sanctions and fines
A number of regulators such as the NVWA and ACM may turn up at your door unannounced in order to conduct an investigation into your company. We can be present at your site during investigations of this nature to ensure that these regulators respect your rights. If sanctions/fines are imposed, we can take action to prevent or limit the damage to your business.

Real estate
We advise you on purchasing and selling commercial properties. If you decide to let commercial properties, we advise you when entering into and terminating rental contracts and making rent adjustments. Thanks to our experience with construction contracts, we can provide support if you are not satisfied with the quality of the work.

Spatial planning
Companies need environmental permits for their business activities. Disputes may arise with the authority granting the permit or with surrounding residents. We support you in this process. For example, we have experience with companies whose activities fall under the Activities Directive (Environmental Management Act) and discussions relating to emissions generated by (animal feed) producers. In addition, we provide advice in relation to area development (including land-use plans).

For whom?
– Businesses that make food products
– Businesses that trade in food products
– Businesses that work in the food service sector

Contact AgriFood Branche:

Jos van der Wijst
E. wijst@bgadvocaten.nl
T. +31 (0) 88 141 08 21
Rik Wevers
E. wevers@bgadvocaten.nl
T. +31 (0) 88 141 08 19

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