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Vol 14 (2016) - Issue 2

Transatlantic data flows: impact on international franchising arrangements

Elizabeth Upton, Bird & Bird LLP, London, UK

The invalidation of the Safe Harbor Framework by the October 2015 Schrems Decision of the European Court of Justice created significant uncertainty for franchising businesses within the European Economic Area, which relied on the Framework to legitimise their data transfers to the US. This article provides an update on the latest developments in this area, including the proposed replacement framework, the EU-US Privacy Shield. As transfers still relying on Safe Harbor are now illegal and a new framework is not expected to be operational for some time, the author also considers the alternative data transfer solutions which will protect businesses from enforcement action.

Franchise law in Argentina

Mario Eduardo Castro Sammartino, Castro Sammartino & Pierini, Buenos Aires, Argentina

The Civil and Commercial Code provides statutory regulation for franchise contracts for the first time in Argentina. This article considers the main provisions in relation to franchising, including the definition of franchising agreements, the obligations of the parties, the term of the contract and grounds for termination.

Structuring European expansion: use of agency, distribution and franchising arrangements

Karsten Metzlaff, Noerr LLP, Berlin, Germany, Monika Essers, Busch Essers Rechtsanwälte, Cologne, Germany, Edward Miller, Reed Smith, London, UK and Donald P. Wray, Jr., Little Caesar Enterprises Inc., Detroit, USA

When running a successful distribution system, many enterprises seek to expand and to distribute their goods and services not only in the home country of the distribution system but also in foreign countries. This article provides an overview of the legal frameworks which have to be taken into consideration when structuring expansion by the use of agency, distribution and franchising arrangements in Europe.