How to identify unfair contract terms and adapt your contracts?

How to identify unfair contract terms and adapt your contracts?

You have certainly heard about them in the context of contracts concluded with consumers (B2C), but a few years ago the legislator introduced a major reform aimed at introducing more fairness into contracts between companies (B2B) and thus limiting the abuses that would result from an unequal balance of power.

If a clause in a contract or general terms and conditions is unfair, it will therefore be annulled.

Although the relevant regulations came into force in 2020, we still often find contractual documents with clauses that are contrary to the Economic Law Code.

To enable you to adapt your contractual documents, we set out below the clauses that are now prohibited.