What does IP completion day mean for franchising?
What does IP completion day mean for franchising?

The following Commercial practice note provides comprehensive and up to date legal information covering:

  • What does IP completion day mean for franchising?
  • How does Brexit impact franchising?
  • Franchise agreements
  • Competition law
  • Intellectual property
  • Data protection
  • Supply of goods and services
  • What are the key legal authorities in this area (impacted by Brexit)?
  • What guidance is available from the UK government?
  • What guidance is available from the EU?
  • More...

How does Brexit impact franchising?

There are no specific franchising EU derived laws or regulations, therefore the main implications of Brexit for the franchisee and franchisor will be the practical changes that need to be considered when drafting and negotiating franchise agreements, reviewing intellectual property rights protection and considering any competition law implications upon the arrangement. See News Analysis: What will Brexit mean for franchisors and franchisees, and how to prepare?

Franchise agreements

Franchise agreements and arrangements should be reviewed to check that they remain suitable for use post-IP completion day both in terms of the commercial arrangements that they reflect and the contract wording itself.

Consider whether any specific contracts or general standard terms need to be varied or adapted. For example, provisions relating to territorial scope, pricing, tax, intellectual property, data protection, applicable law, jurisdiction and dispute resolution.

See Practice Notes:

  1. Brexit—contract risk management

  2. Brexit—drafting commercial clauses

  3. Brexit—drafting boilerplate clauses [Archived]

  4. What does IP completion day mean for contract clauses?

Any data flows within franchising arrangements should also be checked and appropriate safeguards put in place to ensure that data can continue to be transferred from the EU to the UK. See Practice Notes:

  1. Brexit—implications for data protection

  2. Introduction to the EU GDPR and UK GDPR

  3. UK GDPR and EU GDPR—extra-territorial reach

  4. UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations

UK businesses

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