CONTRACTS
A solid contract is the basis for a successful business project. It avoids possible conflicts on its execution or termination. We provide pragmatic, tailor-made and intelligent contracts, combining the necessary legal elements with the commercial aspects of your business idea, for one-off transactions or framework projects.
We help you with a.o. the following contracts:
- Distribution, (commercial) agency, franchise
- Services, including ICT contracts, Software As Service (SaaS), support and maintenance contracts, management agreements
- Shareholder agreements, acquisition of business and/or business activity, transfer of shares
- Contracting and construction, rental (of real estate), leasing, financing and bank agreements
- Licenses and related usage rights, non-disclosure agreements (NDA)
DATA PROTECTION & PRIVACY
We support you with GDPR-related compliance, contract and procedural work. Together with you, we ensure a workable implementation of the GDPR within your company. We assist your DPO for technical and practical questions and bring your team tailor made in house training.
We assist you with:
- GDPR audit (including data due diligence and mapping of the information flows)
- Data processing agreements and/or processing clauses
- GDPR check of your marketing strategy (and implementation of solutions)
- Internal policy on data processing, data storage and data management
- Internal training for your team (own staff and freelancers)
- Procedure before the data protection authority (GBA)
- Assistance during an investigation by the GBA
- Privacy statement, cookie policy and processing register
CORPORATE LAW
We have years of expertise regarding the entire range of corporate company law, from the (re)structuring of your company, its sale to general corporate governance. We also have a thorough knowledge of the specific (legal) procedures regarding mergers, conversions and dispute settlement.
You can rely on us for:
- Articles of association and shareholders’ agreements
- (re)structuring of companies and preparation for takeover or acquisition,
- Acquisition and transfer of shares (share deal or asset deal), due diligence in this regard
- Joint venture, direct investments, specific aspects of accounting law, takeover and incorporation structures,
- General corporate governance, including board & general meeting, minutes and publication of decisions, share register
- Management agreements (daily management, delegated management or board)
- Directors’ liability, wrongful trading, shareholders’ liability or founder’s liability, liquidity and balance test (the so called “alarm bell procedure”)
COMMERCIAL LAW
Our clients are relevant commercial players within their market and are daily confronted with legal challenges such as: market practices, insolvency, intellectual property rights, mergers and acquisitions, partnerships, etc. We proactively support our clients with their strategy and the legal hurdles towards their business ambitions.
- Insolvency procedures, including judicial reorganization, bankruptcy of companies or natural persons and protective measures against creditors or insolvent debtors
- B2B and B2C market practices, including unlawful publicity, solicitation of clientele, (mis)use of trade and domain names
- Intellectual property rights (including, protection, infringement, registration and patenting
- Negotiation of business deals
- Competition law
CONFLICT MANAGEMENT
Discussions with business partners can block the operation of your company. Conflict management is imperative to solve the disputes with the less possible harm to your business.
At Van Gompel Advocaten we go for a negotiated solution, possibly within the framework of mediation. We are fair, yet tough players at the negotiating table.
Hans Van Gompel is a recognized mediator and is happy to tell you more about the advantages and disadvantages of a mediation.
Within our niches, we are experts in effective litigation. When alternative dispute resolution did not bring the hoped-for result, we carry out a thorough cost-benefit analysis of filing a legal procedure, in which we have large experience: whether in summary proceedings, on unilateral request or by summons.
Our office is also involved in various arbitral proceedings, both as counsel for one of the parties and as a member of the arbitral panel.
SPANISH DESK
Pioneers in the field of law
Our Spanish desk is led by Laura van Gompel.
Laura joined our team in 2019, after living in Mexico for almost 10 years.
Laura was a lawyer at the bar of Mexico for several years, where she obtained her Licenciatura en Derecho from the ITESM University with high honours in 2014.
Send an email to Laura?
Anno 2021 we have our own legal counsel in Mexico and Spain (who support us for example in proceedings before local courts or customs authorities and/or specific advice under Mexican or Spanish law).
With this counsel, our Spanish desk officially took shape.
Assisted by our local teams, our Spanish desk focuses on Mexican companies or companies with Spanish language that want to do business in Belgium or Europe. In the other direction, we provide legal assistance to Belgian and European companies with commercial interests in Mexico.
Who uses our Spanish desk?
Some examples:
- A Belgian company, with a subsidiary and production unit in Mexico.
- A Romanian subsidiary of a Spanish holding company, in proceedings against a Belgian debtor.
- A Belgian company that imports medical products in Mexico for sale to hospital chains.
- A Dutch company whose cross-border conversion with new registered office in Madrid was not accepted by the Dutch Chamber of Commerce.
- A Mexican company opening a branch in Belgium and requiring residence permits for staff.
- A Canadian company with a Mexican and a Portuguese daughter company, for the cross border fiscality regarding intercompany transactions.
What services does the Spanish desk cover?
For all questions, projects and procedures within our areas of expertise: contracts, data protection, commercial and corporate law and the related conflict management.
Some concrete examples:
- International agreements (such as distribution, transfer of shares, supply),
- Cross-border proceedings and/or disputes,
- Corporate housekeeping,
- Advice on GDPR and data transfers outside the EEA,
- Incorporation of companies under Mexican or EU member state law.
How can we assist you?
Contact us
Can we be at you and your company’s service? We are happy to contact you with our lawyers-experts for more information.
