Commercial agent

A commercial agent is an independent intermediary permanently tasked with negotiating and potentially concluding sales, purchase or service contracts on behalf of a principal (producer, manufacturer, importer).

Key legal features under EU Directive 86/653:

Independence: the agent is not an employee and freely organises their activity
Remuneration: commission on concluded business (typically 3 % to 15 % depending on sector)
Termination indemnity: right to compensatory indemnity upon contract termination (except in cases of serious fault)
Notice periods: minimum statutory notice periods

The commercial agent is distinguished from other intermediaries:

From a broker: the agent has a permanent mandate, the broker acts on a case-by-case basis
From a distributor: the agent does not resell, they represent the principal
From an employee: the agent is independent, not subordinate

Commercial agents are particularly suited to export into markets where the company does not wish to establish a subsidiary. They offer rapid market access with minimal investment and variable remuneration linked to results.

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