Three Points legal tools ©

3Pts Legal Tools© are readily available documents, which we make available at a fixed price.

Please find hereunder the list of 3Pts Legal Tools© which are currently available :

Checklist: contracting with business customers (B2B)

When dealing with business customers, the law allows both parties much liberty in negotiating the terms and conditions (as opposed to dealing with consumers). You are bound by what you sign.

If you are not cautious, a knowledgeable business customer may trick you into signing contract terms, which may cost you dearly later. Typically, knowledgeable business customers are large corporations, or companies which can rely on a professional purchasing department or on dedicated lawyers. If your customer is reluctant to deviate from some “standard contract” he always uses, this template probably aims at unilaterally protecting his interests against yours.

This checklist (only one page) outlines major contractual issues, which service providers should consider (or avoid) to protect their legitimate business interests. Going through this checklist will help you getting prepared before you enter into major contract negotiations, which may eventually result in a more balanced agreement.

Dos and don’ts when contracting with consumers (B2C)

Consumer legislation is very protective of consumers, and imposes many additional obligations on vendors who sell products or services to consumers. You are exposed to sanctions if you do not comply with consumer law. In some cases you may think you are very well protected by favourable contract terms, which eventually you will not be allowed to oppose to the consumer.

These dos and don’ts is a quite complete yet concise (one page) document which outlines the major points of attention for vendors who sell to consumers.

Legal requirements for websites

This is a quite detailed document which outlines the legal requirements to consider when developing your website. It is about 7 pages long, because there are many aspects to consider, but it is drafted in columns and rows, using bullet points and using plain language.

Different versions exist, depending upon your specific needs

  • for a purely informative marketing website (no e-commerce)
  • for a B2B e-commerce website (you do only sell to business customers)
  • for a B2C e-commerce website (if you also sell to consumers)

This document is to be shared with the team who will develop your website and design the ordering process. It deals with topics such as: which information (notices, disclaimers …) must be provided, how to design an on-line ordering process, how to ensure that the customer accepts your terms and conditions, which back-end requirements to consider.

Checklist when contracting with a supplier

Going through this checklist will help you getting prepared before you enter into major contract negotiations.

This concise checklist (one page) outlines major contractual issues which you should consider (or avoid) to protect your business interests when discussing with a supplier.

Template when you issue a Request for Proposal (RFP)

This template contains the right boilerplates and disclaimers to include when you send out an RFP to one or several suppliers.

Bogus employees - checklist

Do you call upon a freelance, or an self-employed consultant? If your cooperation would be requalified as an employer-employee relationship, this could lead to a considerable financial exposure. This document (only two pages) first outlines the issue at hand, then presents a very concrete list of indicators which may point to an employment relationship.

Dos and don’ts when dealing with competitors

Trade associations are typically places where competitors meet, typically to discuss legitimate common interests (such as lobbying against a project of law). With some undertakings, while in some areas you compete directly, in other areas you may cooperate as supplier and customer for example.

From a legal perspective, contacts with competitors are a very sensitive subject because before you know it, you may be illegally exchanging sensitive information, or otherwise restrict competition. This is what is commonly referred to as “cartels”. If you are restricting competition you are exposed to very high fines.

These dos and don’ts are a very concise (one page) document with clear guidelines as to what you should and should not do, when dealing with your competitors.

Dos and don’ts: dawn raids

A “dawn raid” is an unannounced visit of law enforcement authorities, such as the European Commission or the Belgian Competition Authorities (but it could also be tax inspection, SABAM…).

These do’s and don’ts (one page) will help you to keep a cool head if a dawn raid occurs. It contains instructions for the reception, for your lawyers, and for all staff.

Checklist: courts or arbitration?

Should you opt for the classical judicial system to deal with litigation, or should you rather for arbitration? Some people say that arbitration is faster and cheaper, but this is not always true!

This one page checklist clearly opposes the pros and cons of both solutions, which will help you to decide which solution is best for your particular case.

Checklist: mandatory mentions on an invoice

This checklist (one page) outlines the mandatory mentions on your invoices.

Checklist: “PRJ – WCO”

If your client has requested or obtained “PRJ” (procédure de reorganisation judiciaire) or “WCO” (wet continuiteit ondernemingen), he is protected against his creditors, for example you can no longer seize his assets because your invoices remained unpaid.

This short note (one page) outlines how the PRJ-WCO procedure is, and what your position is as creditor.

Getting ready for compliance with the new European Data Protection legislation

Effective May 25th, 2018, a completely revised European data protection legislation becomes directly applicable in all EU member states.

To be more specific, this is about the Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, commonly referred to as the “General Data Protection Regulation” (GDPR).

The GDPR has a broader scope, imposes more obligations, and you will also be exposed to higher fines.

This note summarises for you what the GDPR is all about (impact, risk management, governance and processes, specific compliance obligations).

3Pts Legal Tools © are readily available documents, which we can make available at a fixed price.
There are checklists and “dos and don’ts”, which often are summarised on one single page, and there are also a few more in depth-analysis. They are always drafted under Belgian law.

We strive to be concise, accessible and concrete, so as to allow you to go straight to the essence of the matter. This approach may lead to generalisations or simplifications. 3Pts Legal Tools © are not a substitute for a tailored legal advice for your specific question.

This list evolves over time as new tools are made available. Please consult this page regularly to be informed of updates.