Legal matters have significant impact upon the position of your company. Winthagen Legal provides legal and strategic assistance in relation to – amongst others – the following legal areas:
Commercial contracts
The basis of a fruitful cooperation starts with the confirmation of the agreed elements in a written agreement. The investment in a solid agreement at the start of a commercial relationship pays itself back at a later stage. The precise translation of commercial terms in a clear agreement will avoid later lack of clarity or differences in interpretation, which at times can lead to conflicts which could have been avoided. Commercial relationships can be shaped in various ways, such in a distribution- or agency relationship. In case only a grant of use of a trademark, copyright or other intellectual property right is envisaged, a license agreement could be considered.
Trademark law
A trademark consists of a sign that allows you to distinguish your products or services from your competitors. A trademark assures that the public will connect your company to the product you are marketing. Trademark law guarantees and protects the goodwill that your products or services have acquired due to your efforts.
Copyright law
From product design to program formats: copyrights protect all “works” which are the results of creative choices. Successful designs are often followed, but where a certain degree of inspiration is allowed, “copy cats” are not, and copyright law enables parties to act against look-alikes which are too close to the original.
Media-advertising and entertainment law
Media- and entertainment law is basically a catch-all term for various different kinds of legal areas which play an important role in the media and entertainment business. Media law inter alia covers the balance between freedom of information and the right to privacy, but also covers image rights. Advertising law sees to the statutory regulation of commercials, whereby also industry regulation (through the Dutch Commercial Code) plays an important role.
Data protection law
In this digital era, almost every single company or government body faces the challenge of compliance with the relevant data protection laws. Whether client data is gathered, or website visitors are followed through the use of cookies, this will from a legal perspective almost certainly qualify as processing of personal data. The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) ensures compliance with all national and international data protections laws and has the power to impose serious fines in case of non-compliance.
E-commerce
Both providers and purchasers can enter a fully transparent world-wide online retail market at fairly limited costs. Online competition is not only won on pricing, but also on service, ease of use and the protection of personal data. The strategic use of general terms and the use of a clear privacy policy therefore is to be recommended. In addition it is of key importance that all elements of online sale through web shops remains compliant with the latest legal developments in national and EU consumer law.