Franchising
- Setting up national and international (master-) franchise systems
- Representation and advice of franchisors and franchisees
- Examination of your franchise contract for legal pitfalls
- Getting your franchise business compliant with data protection rules (GDPR and national data protection law)
- Assertion and avoidance of post-contractual claims (indemnification for loss of costumers, investment compensation, damages etc.)
- Support in the expansion and allocation of master franchise licenses
FRANCHISING LEGISLATION
From a legal point of view, franchising is a complex cross-cutting matter. In addition to classic civil law issues, the law also includes antitrust law, the Austrian Commercial Agents Act, trademark law, real estate law and licensing aspects.
A distinguishing feature from other distribution systems is the know-how provided by the franchisor in the form of a manual. Franchisees benefit from this already proven knowledge.
PRE-CONTRACTUAL DUTIES OF CLARIFICATION IN FRANCHISING
Pre-contractual commitments, e.g. in the form of information brochures, are often the basis for a future franchisee’s decision. Both sides are well advised to clarify the legal qualification of this information in advance.
FRANCHISE CONTRACT
In the case of expansion through a franchise system and entry into a franchise system, professional preparation and review of contracts is essential. In the franchise contract, the economically desired legal relationship should be presented as comprehensively, practically and transparently as possible.
FRANCHISEE´S CLAIMS FOR INDEMNIFICATION OF LOSS OF CUSTOMERS AND INVESTMENT COMPENSATION
When the franchise contract is terminated, questions regularly arise as to what should happen with the investments made and who can take advantage of the established customer base. This often leads to disputes and ambiguities. Contractual regulations can bring clarity. However, it should be noted that under Austrian law certain claims cannot be validly excluded or limited before termination of the contract. In this respect, it must always be checked on the individual cases whether any contractual investment replacements actually meet the statutory minimum standards.
Inform yourself beforehand to put your business relationship on a legally sound footing, not to miss any deadlines and to assert your claims efficiently and comprehensively.
DATA PROTECTION & FRANCHISING
Since the requirements of the EU General Data Protection Regulation (GDPR) at the latest, the data processing operations intended and necessary in the system should be well structured from a data protection perspective. Although each franchisee is responsible for his own business, the franchisor may not work with data provided by the franchisees if the necessary legal basis is lacking.
As a data protection officer, I put your franchise system on a secure footing.
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