Click here for the event description and programme.
On 18 March 2026, a workshop titled “Protecting Weaker Businesses in Contract Law: Self-Employed, SMEs, Unfair Terms, and Economics” was held in Groningen. Organized by Dr. Benedikt Schmitz (University of Groningen) and Prof. Dr. Peter Rott (University of Oldenburg), the event brought together experts to discuss the protection of weaker businesses in contract law, focusing on self-employed individuals, SMEs, and unfair terms. The workshop and public lecture were funded by the Oldenburg-Groningen University Fund.
Opening Remarks and Context
Dr. Benedikt Schmitz opened the workshop by highlighting the influence of EU consumer law on German and Dutch civil codes. He emphasized the EU’s efforts to protect SMEs, which contribute significantly to employment and value added in the EU. However, Schmitz noted that contract law-level protection for weaker businesses remains underdeveloped. This is why his research project, “Weaker Economic Agents and (Un)Known Economic Risks in Private International Law” (WEAKER PIL), aims to explore vulnerable parties in contract law beyond existing protection frameworks.
Session 1: Blurring Boundaries – When Businesses Resemble Employees
- Dr. Wiebke Bonnet-Vogler discussed bogus self-employment in Germany, focusing on the legal consequences of misclassifying workers as self-employed. She highlighted the Herrenberg judgment, which addressed social security and public facility costs.
- Dr. Martin Bulla provided an international labour law perspective, questioning whether the traditional separation between employees and self-employed workers remains relevant in the digital age.
- Dr. Herman Voogsgeerd presented the Dutch perspective, detailing the high rate of self-employment due to liberalization in the 1990s and the subsequent legal reforms in 2025. He discussed the Deliveroo case and upcoming legislation on self-employment.
Session 2: Beyond Consumer Protection – Protection Mechanisms in Business Contracts
- Prof. Dr. Charlotte Pavillon analysed EU rules on unfair terms in business contracts, comparing the Unfair Trading Practices Directive, Platform-to-Business Regulation, and Data Act. She noted inconsistencies in addressing power imbalances.
- Dr. Tobias Jonkers discussed Dutch Terms and Conditions control, questioning whether company size should determine protection. He proposed applying the “significant imbalance” criterion from consumer protection law to B2B contracts.
- Prof. Dr. Peter Rott reviewed the German Standard Terms regime, highlighting differences in implementation between Germany and the Netherlands and the impact of court delays on weaker parties.
Session 3: The Need to Protect – Insights into Economics and Law
- Prof. Dr. Peter Eppinger discussed the economic position of SMEs in the EU, suggesting that market failure, rather than company size, should justify protection.
- Prof. Dr. Christine Godt focused on employee inventors, comparing German and Dutch patent laws and their impact on innovation incentives.
- Dr. Evelien Croonen used franchising in the Netherlands as an example of power imbalances, critiquing the Dutch Franchise Act for not addressing diverse franchising contracts.
Conclusion
The workshop concluded with a discussion on protecting weaker parties, ranging from employees to SMEs and franchisees. Participants agreed on the need for interdisciplinary research and enforcement of existing rights. The event was followed by a public lecture on “German and Dutch Approaches to Effective Consumer Protection” on 19 March 2026.
A full conference report, drafted by Josephine Götze, will be published later this year.