Doing Business in the Netherlands 2012 - American Chamber of ...

13.5 Technology Transfer
The 2002 EU Technology Transfer Regulation has a direct effect in
the Netherlands. It is concerned mainly with the competition law
aspects of technology transfer. Furthermore, in 2004, the Commission
issued an additional specific Regulation EC/772/2004 containing
certain categories of technology transfer agreements which (provided
certain requirements are met) are allowed from a competition law
perspective.
13.6 ICT Agreements and Standard Terms
As in many jurisdictions, suppliers and distributors of ICT products
use a plethora of agreements to, for instance, restrict warranties and
liability. Both suppliers of computer products/services and end users
draft standard terms which are freely available and which are
sometimes used, although their use is by no means mandatory. A
number of standard terms are mentioned below.
13.6.1 FENIT Conditions – ICT Office Conditions
In 2003, the ICT Office, the industry organization for suppliers of
computer products and services, published its latest version of the socalled
FENIT conditions: standard conditions for, e.g., the sale of
hardware, the development and licensing of software, and the
provision of maintenance and computer services. Generally, the
conditions were more advantageous to the supplier.
In 2009, the industry organization published new standard conditions,
the ICT Office conditions. The ICT Office conditions replace the
FENIT conditions and cover products and services that are provided in
the fields of IT, telecoms, Internet and office technology.
13.6.2 Purchase Conditions
The Dutch Ministry of Home Affairs has published general terms and
conditions covering a range of topics, from the purchase or lease of
hardware to complex turnkey projects. These standard conditions are
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