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International journal of franchising law

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Recent Articles

Avoiding common mistakes in international franchising

This is the seventh and final article in the series “Avoiding Common Mistakes in International Franchising.” In this article, the authors discuss end of franchise issues, especially as they relate to master franchise relationships. The authors suggest agreement language and strategies for achieving workable end of relationship transitions.

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The European General Data Protection Regulation and franchise networks – Time for a change of perspective

The European General Data Protection Regulation (GDPR) became binding law in all EU Member States in May 2018. This article provides a detailed analysis of the major changes the regulation introduced and considers its provisions in relation to material and territorial scope, technical and organisational requirements, cross-border data processing and data subject consent. The author sets out how international franchise networks should approach data protection management.

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Malaysia - Franchise case updates

The Malaysian Franchise Act regulates various aspects of franchising, including in relation to the requirements of approval and registration. A number of recent cases illustrate the importance of abiding by these requirements, particularly as the approach of Malaysian courts appears to lean in favour of protection of franchisees. This article sets out these requirements as well as the civil and criminal consequences of non-compliance. The cases analysed cover the application of non-competition and confidentiality provisions, the interpretation of exclusion clauses and entire agreement clause, the non-renewal of the franchise agreement and the failure to register the agreement.

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EU geo-blocking regulation – practical steps for franchise businesses

Cracking down on geo-blocking has been a crucial element of the European Commission's Digital Single Market project. It was also an important focus area of its e-commerce sector inquiry and the final report of May 2017 featured in depth analysis of geo-blocking levels across the EU. The Commission is clearly of the view that geo-blocking limits cross border trade within the internal market through geographical market segmentation. The latest instalment of the Commission's crackdown, the Geo-Blocking Regulation will have a wide impact on businesses across the EU.

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Franchising in Africa: growth in the industry and data privacy and protection issues

Africa is home to some of the fastest-growing economies in the world. Multinational companies, including international franchisors, are paying close attention to this growth as they realize opportunities for investment in this burgeoning market. As interest in African-based investment rises and African countries work to strengthen their economies, the franchise industry in particular has grown in popularity as a medium to achieve the economic stimulus that these African nations seek. Oftentimes, this also means that these nations are working to ensure that their laws and regulations are in line with current global standards to facilitate cross-border business. One area that has become increasingly important in this effort is data privacy and protection.

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From the desk of the GC

An interview with Les Wharton, Chief Legal Officer, Coverall North America Inc.

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