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
Article De Nationale Franchise Gids – Know-how decisive for scope of application Franchise Act – dated 5 March 2020 – mr. RCWL Albers
It will have escaped the attention of few in the sector that on 10 February 2010 the legislative proposal for the Franchise Act was submitted to the House of Representatives.
Column Franchise+ – A conflict can be prevented, just communicate well – February 2020 – mr. AW Dolphin
Formula changes are a fascinating topic. It is often the subject of conflicts, but those conflicts can be avoided.
Collection fraud results in franchisor 4 years in prison and a fine of € 7 million – dated 25 February 2020 – mr. JAJ Devilee
In a highly exceptional criminal case, the court recently sentenced one of the directors of a (former) franchisor to imprisonment and a fine.
Bill Franchise Act
Legislative proposal for the Franchise Act to the House of Representatives
Article De Nationale Franchise Gids – Bankrupt because the franchisor refused to sell the franchise company – dated January 28, 2020 – mr. AW Dolphin
Can a franchisor refuse to sell a franchise business to a prospective buyer, even if it is a last resort for the franchisee?
Supermarket Newsletter – 27
Supermarket Newsletter No. 27