Transfer customer data to franchisor
In its judgment of 10 January 2017, ECLI:NL:GHAMS:2017:68 (OnlineAccountants.nl), the Amsterdam Court ruled, among other things, on the question of how customer data should be transferred.
The franchise agreement stipulated that upon termination of the franchise agreement, the franchisee was entitled to continue serving (certain) customers. For those customers that would not be transferred from the franchisee to the franchisor, the franchisor would transfer all data related to those customers to the franchisee free of charge. This had to be done under penalty of a contractual penalty.
The franchisee is of the opinion that the franchisor had not complied with this obligation. The franchisor is therefore required to pay the contractual penalty. However, the court ruled that the franchisee had access to the relevant data in the cloud until one day after the franchise agreement had ended. The franchisee could download this customer data free of charge at any time. The franchisor is therefore not obliged to also make this customer data separately (physically) available to the franchisee.
According to the Court of Appeal, the franchisee cannot claim from the franchisor that which has already been made digitally available in the cloud by the franchisee itself.
mr. AW Dolphijn – Franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice. Do you want to respond? Go to dolphijn@ludwigvandam.nl .
Other messages
Signing a Franchise Agreement in the Digital Age – Mr. K. Bastiaans – dated December 14, 2020
Within today's society, under the guise of 'the new normal', digitization is increasing. The court will discuss in more detail the manner in which an agreement is accepted and the consequences.
The sale of tobacco at supermarkets will be banned in 2024. What are the constraints and opportunities for the supermarket business? – mr. C. Damen – dated December 8, 2020
To promote and discourage smoking cessation, the sale of tobacco in supermarkets will be banned in 2024.
Franchise Act will take effect on January 1, 2021 – mr. AW Dolphijn – dated December 3, 2020
The Franchise Act was already adopted on July 1, 2020, but it has now also been established by Royal Decree that the Franchise Act will enter into force on January 1, 2021.
Supermarket newsletter -29-
Supermarket newsletter -29-
Article Franchiseplus: “Divide the pain” – mr. Th.R. Ludwig – dated December 1, 2020
The corona crisis has brought many franchisors and franchisees into ...
Article De Nationale Franchise Gids: “Settlement problems with franchisee who is a general partnership” – mr. JAJ Devilee – dated November 30, 2020
In a recent dispute, two ex-spouses faced each other in an appeal procedure regarding the question whether the ex-wife forfeited penalty payments against the private company.