The legal checklist for exporters is a structured tool that enables a company to systematically assess all legally relevant aspects of an export transaction. At Musch Legal, we work with a fixed checklist that we periodically review based on new regulations. This checklist prevents exporters from missing essential provisions — especially when rapidly expanding into new markets or new product categories.
What is the legal issue? (Why is a checklist indispensable?)
International contracts touch upon many areas of law simultaneously: contract law, IP, privacy, sanctions, tax, and sector law. Without a checklist, points are missed. Risks differ for every new market or transaction. Standard templates without verification are a common cause of lawsuits. A structured checklist saves time, costs, and risk, and ensures consistency within your company.
What does the law say? (Which regulations determine the checklist?)
Distinctive legal frameworks apply to each section: Rome I (Regulation 593/2008) for choice of law, Brussels I-bis (1215/2012) for forum, CISG for sales, GDPR (2016/679) for data, CSDDD (2024/1760) for supply chains, and sanctions regulations for trade restrictions. Sector law (food, pharma, defense) adds extra requirements. Regulation 2021/821 applies to export control; for the Netherlands Sanctions Act 1977 and Economic Offenses Act.
Category
Check point
Legal basis
Contract
Choice of law + choice of forum
Rome I art 3; Brussels I-bis Art 25
Sales
Include or exclude CISG
Article 6 CISG
Delivery
Incoterm with place + year (2020)
ICC trade rules
Payment
Permanent + interest + security
Directive 2011/7/EU; art 6:119a BW
Conditions
Employment before closure
Article 6:233-234 BW
Sanctions
Screening + clause
Regulation 833/2014 + 2021/821
GDPR
DPA + SCCs for transfer
GDPR Article 28; UB 2021/914
IE
Trade mark registration by market
Madrid Protocol
ESG
Code of Conduct cascading
CSDDD 2024/1760
Disputes
Arbitration or judge + language
NYC 1958 / Brussels I-bis
Category
Checkpoint
Legal basis
Contract
Choice of law + choice of forum
Rome I art 3; Brussels I-bis Art 25
Sale
Include or exclude CISG
Article 6 CISG
Delivery
Incoterm with place + year (2020)
ICC trade rules
Payment
Permanent + interest + security
Directive 2011/7/EU; art 6:119a BW
Conditions
Employment before closure
Article 6:233-234 BW
Sanctions
Screening + clause
Regulation 833/2014 + 2021/821
GDPR
DPA + SCCs for transfer
GDPR Article 28; UB 2021/914
IE
Trademark registration by market
Madrid Protocol
ESG
Code of Conduct cascading
CSDDD 2024/1760
Disputes
Arbitration or court + language
NYC 1958 / Brussels I-bis
What risks do companies face? (What goes wrong without a checklist?)
Forgotten clauses lead to a weak legal position. Unintended liability grows due to the accumulation of standard texts without assessment. Non-compliance with regulations results in fines. Inconsistent contracting makes portfolio management impossible. In audits or disputes, it is precisely the points that are overlooked that prove decisive.
Practical example from our practice (What did an audit of 240 contracts yield?)
Musch Legal conducted an audit of 240 contracts for a Dutch multinational without structured checks. Results: dozens of contracts without a DPA under Article 28 GDPR, no sanctions clause, missing choice of forum, automatic renewals under unfavorable conditions. Remediation took nine months and 380,000 euros in legal costs. Upon implementation of the Musch Legal checklist with automated checks, the following contracts were centrally assessed.
What can you do? (How do you implement the checklist?)
Implement a standard contract checklist covering all the above categories. Work with standard templates per contract type. Appoint a contract owner per agreement. Schedule periodic audits and compliance reviews. Integrate legal, finance, sales, and procurement. Use Contract Lifecycle Management software for larger portfolios. Ask Musch Legal for an annual update. See also our article on Contract Management for internationally operating companies.
What should every exporter include in their contract?