The very brief description implies that data identifying a living individual
is both held and accessed. So long as the individual gives informed consent
for data to be passed to third parties (and a different franchisee is a
third party) then this should work well enough.
It does not have the feel of a particularly controlled business from the
simple description we have, though. Franchisees introducing other
franchisees feels like MLM (often mistakenly referred to as pyramid selling,
which it is not). If this is the case the franchisees are usually "embryo
businesspeople" with arbitrary grasp of trading and other laws. Some are
excellent. Others are, well, not. So I am nervous about the ability of the
franchisor to enforce policies.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ian Welton
Sent: 27 January 2005 17:17
To: [log in to unmask]
Subject: Re: [data-protection] franchise business
Within that there may exist complications resulting from advertising
images/graphics which facilitate another company to collect personal data
relating to the surfers of any particular site. If no personal data is
involved this DPA issue would not arise.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Tim Trent
> Sent: Thursday, January 27, 2005 4:14 PM
> To: [log in to unmask]
> Subject: Re: franchise business
>
>
> In any franchise business the Franchisor and the Franchisee are each
> data controllers in their own right whether either also acts as a data
> processor for the other(s) or not.
>
> The privacy notice should be a part of the franchisor's policy and
> franchise "image" and a part of the contract with the franchisee. It
> should be the franchisor's policy modified with the franchisee's
> details where relevant
>
> Linking to websites within the franchise calls for the surfer to be
> made aware when they have moved to another business entity. Inside a
> franchise image this will be unclear unless specific notification is
> given
>
> If this is MLM rather than a true franchise it will get out of control
> very fast
>
> Tim Trent - Consultant
> Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
> email: [log in to unmask]
> Marketing Improvement Limited, Abbey House, Grenville Place,
> Bracknell, United Kingdom, RG12 1BP
> http://www.marketingimprovement.com
>
>
>
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>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of KAREN SADLER
> Sent: 27 January 2005 15:21
> To: [log in to unmask]
> Subject: [data-protection] franchise business
>
> This is fairly new to me, so an 'idiots' guide would be helpful!
>
> The business is a trading network ; namely the business has a network
> of franchisees, who recruit members. These members (also businesses of
> all
> types) pay a fee to be part of the network, and seeks services through
> a directory, then can 'trade' services at discounted rates. All data
> (which is failry limited) is secured by franchisees and is held by the
> business on a database; Members can view the data to enable them to
> seek and initiate business with other members.
>
> Can you give quick advice on the DP considerations?
> 1. what role does the franchisee play here? joint controller?
> or processor? other? 2. what privacy notice should members see? 3 can
> the directory allow a link through to the members individual websites?
> what are the DP considerations here? 4.
> any other critical observations?
>
> thanks
> Karen
>
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