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Vol 16 (2018) - Issue 3

Avoiding common mistakes in international franchising

Carl E. Zwisler, Gray Plant Mooty, Washington, D.C. and Beata Krakus, Greensfelder Hemker & Gale, Chicago

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.

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

Dr. Dagmar Waldzus, Buse Heberer Fromm, Hamburg, Germany

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.

Malaysia - Franchise case updates

Lin Li Lee, Tay & Partners, Kuala Lumpur, Malaysia

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.