Your Legal Bridge between the Netherlands, Spain and Latin America

The Netherlands offers a unique combination of advantages for multinationals: an extensive double-taxation treaty network (over 100 countries), a participation-exemption regime for subsidiary dividends, single market access, an efficient English-language judicial system, and political stability. Many global companies with LATAM operations (Shell, Heineken, Unilever, ING, Philips) channel their Latin American investments through a Dutch BV or NV holding. A2 has experience working with these structures and advising on the management of the European legal side.

We work entirely in English with our Dutch clients. All documentation, contracts, communications and legal strategy are managed in English. For proceedings before Spanish or Latin American authorities, we manage the Spanish versions without the client needing any Spanish-speaking staff. English is the standard working language for all our international clients.

We advise on the European legal side of the structure: intra-group contracts (IP licence agreements between the Dutch holding and the LATAM subsidiary, shared services agreements, transfer pricing from a contractual perspective), royalty and dividend flows from a contractual standpoint, and GDPR for intra-group data transfers. For the tax aspects of the Dutch structure, we coordinate with specialist Netherlands tax advisers.

Dutch sectors with the largest LATAM presence include: energy and oil (Shell in Brazil, Colombia, Mexico; SBM Offshore), retail and agri-food (Heineken in Mexico and Brazil, FrieslandCampina, SHV Holdings), logistics and ports (DP World, Boskalis), banking and insurance (ING, Rabobank, NN Group), technology (ASML supply chain, Booking.com, TomTom), and agritech (Rijk Zwaan, Enza Zaden — high-value seeds, DSM in nutrition). For many of these companies, IP protection and regulatory compliance in LATAM are strategic priorities.

The GDPR applies when the Dutch entity or its subsidiaries process EU citizens' personal data. Key implications for companies with LATAM subsidiaries: (1) transfers of personal data from the Netherlands (or any EU country) to Latin American subsidiaries require a transfer mechanism (SCC or explicit consent exception); (2) if the LATAM subsidiary acts as a data processor on behalf of the Dutch entity, a DPA between both entities is required; (3) group-wide data policies must incorporate GDPR requirements. We implement the intra-group data transfer framework to ensure compliance.

Key contracts for LATAM market entry are: (1) Exclusive distribution contract with the local distributor, including brand protection, territory, purchase minimums and termination clauses; (2) Technology or software licence agreement if granting IP usage rights to the local partner; (3) NDA/Confidentiality agreement ahead of negotiations; (4) Data Processing Agreement with local providers processing EU citizens' data; (5) Joint venture agreement if the strategy involves a local partnership. All drafted in English with a Spanish version when required for local execution.

Yes. We are regular EUIPO representatives, ranked among the Top 25 in Spain. We manage the full EU trademark cycle: prior rights searches, application, office action and opposition management, renewals and monitoring. One EU trademark registered at EUIPO protects in all 27 Member States including the Netherlands, with a single application. All communication in English.