Effective protection against customer theft through precise customer protection clauses in transport law
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Beware of customer theft! Protect your business from disloyal subcontractors with customer protection clauses
Imagine the following scenario: Your subcontractors perform important services for your company. They deliver goods, take care of packaging, perform administrative tasks like signing consignment notes, or organize logistics. What is often overlooked is that these activities inadvertently provide subcontractors with access to valuable information – namely about your customers. Freight documents, roll cards, and shipment labels quickly reveal who you are working for and what potentially lucrative business relationships exist.
And this is where the real risk begins: What's stopping the subcontractor from approaching "your" customers directly and fulfilling their orders without your margin? For the subcontractor, this often seems like an easy and lucrative way to maximize profits. Without your intermediate sales, their direct offer often becomes significantly cheaper for the customer and thus more attractive. The result? You lose valuable customers to the cheaper "direct provider," while your company falls behind.
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3Why many transport law entrepreneurs underestimate this risk – and what you can do about it.
Many business owners assume that such behavior is illegal. However, the opposite is true: If you don't explicitly prohibit it in your contract, this practice isn't necessarily illegal. Many subcontractors see the option of dealing directly with the customer as an easy way to increase their own profits – and they take advantage of this temptation if there are no legal barriers.
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The solution: A precisely formulated, legally sound customer protection clause that provides you with the necessary legal protection.
To effectively protect yourself against customer theft, it is crucial to include a tailored, legally sound customer protection clause in your contract with your subcontractors. Such clauses not only regulate the conditions under which subcontractors may contact your customers, but can also provide clear contractual penalties if the subcontractor violates these agreements. This creates a deterrent effect and sets the rules of the game clearly and transparently for all parties.
But be careful: Jurisprudence examines such clauses very carefully. Sweeping wording or excessive threats of penalties can jeopardize the effectiveness of the clauses. If the wording is too broad or inappropriate, this can result in the protection against customer theft existing only on paper and not being legally enforceable.
We help you formulate legally compliant customer protection clauses
As experienced lawyers in the field of transport law, we are familiar with current legal requirements and know how to draft such clauses in a legally compliant manner without overstepping the boundaries of antitrust law. We draft customized customer protection clauses that are not only legally effective but also commercially enforceable. This protects you against disloyal subcontractors – before the damage occurs.
Rely on our expertise as transport law attorneys to legally protect your customer relationships and your business. We will provide you with expert advice and create a contractual solution that provides you with the necessary protection.
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