The Dutch Agency Law 

The Netherlands has specific legislation in the field of agency since 1936. The current regulations on agency agreements are included in articles 428 - 445 of Book 7 of the Dutch Civil Code (the Agency Law). The Agency Law contains a number of rights and obligations of the commercial agent and the principal. The emphasis is on protecting the commercial agent in his relationship with the principal. It is for that reason that a large number of articles in the Agency Law are of mandatory law. This means that parties cannot make agreements that are contrary to the Agency Law. Furthermore, the Agency Law contains a number of articles that cannot be derogated from to the detriment of the commercial agent, but that may be derogated from to the benefit of the commercial agent. These articles are of semi-mandatory law.

In the chapter 'The agency agreement' the content of the Agency Law is discussed in greater detail on the basis of the issues that may arise in an agency agreement.

More background facts and a clarification of the Agency Law are inter alia to be found in the ‘Memorie van Toelichting to the Agency Law’, being an explanatory memorandum to the Agency Law. 

Due to the fact that the agency agreement is also regarded as a contract for the provision of services, articles 400 - 413 of Book 7 of the Dutch Civil Code also apply to the agency agreement. 

European Agency Directive

At European level, the European Agency Directive applies. A directive sets a certain goal, which all European countries must achieve. Those countries may themselves introduce legislation with a view to achieving that goal. Setting down this goal in local laws is called implementation. In the Netherlands, the Agency Directive has been implemented in the Agency Law. 

The Agency Directive concerns so-called minimum harmonisation. This means that the Agency Directive provides for a minimum level of protection, but that national legislation may provide a higher level of protection. Everywhere in the European Union, the agent must therefore enjoy at least the same minimum level of protection.

The Dutch Agency Law should always be interpreted in the light of the European Agency Directive and the minimum harmonisation set down therein (directive-compliant interpretation).

There are differences between European countries in the implementation and interpretation of the Agency Directive. Many European countries go further in protecting their commercial agents than the minimum requirement set by 'Europe'. More about these differences may be read in the chapter 'International'.