The information you submit via our enquiry form is shared only with the franchise business(es) that you have selected.

The franchise business will contact you by means of email and/ or telephone only to the email address and phone number you have provided.

By submitting the enquiry form you are consenting to send your personal information to the selected franchise business.

You also agree to receive further newsletter email marketing from What Franchise.

Close

How to protect your brand

How to protect your brand

Covering confidentiality in a franchise agreement is both complex and crucial to get right, but Kate Matthews, partner at Boddy Matthews Solicitors, has some valuable legal advice

In any franchise, brand protection is key. Therefore, the objective of any well-drafted franchise agreement is to place obligations on all parties to maintain such protection. After all, the franchisor has worked hard to establish a proven franchise model to licence to its franchisees, while protecting its valuable trade secrets, registered and unregistered intellectual property rights, and goodwill.

The purpose of putting in place such protection is to prevent the disclosure of such secrets of success to competitors. The key to any successful franchise model is based on the sharing and exchange of sensitive and confidential information and data for its use for the benefit of the franchise brand while withholding it from third parties.

Define the scope

The scope of what confidential information is to be protected should be clear in the franchise agreement. First, it’s important to consider what confidential information or data means in the context of your brand and the industry in which it operates.

It can cover any confidential information and data (whether oral, electronic or in writing) relating to proprietary, technical, development, marketing, sales, operations, performance, costing, pricing, business processes, designs, ideas, concepts, inventions, technical know-how, and software as well as business relationships with employees, customers, suppliers and other third parties in the ordinary course of the franchise business.

Out of the public domain

The information or data must not be in the public domain in order for it to be confidential. However, the way in which information is communicated or packaged, even if individual elements are in the public domain, may make it confidential. It’s therefore important to ensure, when evaluating the definition of confidential information, that it remains applicable and current.

5 steps to protect your franchise brand

1. Ensure the definition of confidential information is clear and doesn’t exceed the purpose

2. Understand where confidential information may be found, such as the manual, systems, control, processes

3. Ensure all parties understand when they are handling confidential information and what they should do with it

4. Check if the franchise business requires a longer period of time following termination of any relationship to protect the confidential information

5. Ensure confidential information is protected in the hands of third parties where necessary for the franchise business and ask for the undertaking of nondisclosure clauses with similar confidentiality obligations.

The author

Kate Matthews is a partner at Boddy Matthews Solicitors.

Exciting Franchise Opportunities

Hybrid Fitness logo

Start your own Hybrid Fitness franchise

Profit Chart
Funding Support Available ? Help is available. Check out our franchising funds guide.

Yes

Find Out More
Expected Revenue After 2 Years

N/A

Request Free Information
Find Out More
Hybrid Fitness logo

Request Free Information

Send a free enquiry to Hybrid Fitness for further information!

By sharing your email, you're agreeing to our privacy policy, cookie policy and terms & conditions.
Local Eats logo

Start your own Local Eats franchise

Profit Chart
Funding Support Available ? Help is available. Check out our franchising funds guide.

Yes

Find Out More
Expected Revenue After 2 Years

In excess of £70,000

Request Free Information
Find Out More
Local Eats logo

Request Free Information

Send a free enquiry to Local Eats for further information!

By sharing your email, you're agreeing to our privacy policy, cookie policy and terms & conditions.
The Little Foxes Club logo

Start your own The Little Foxes Club franchise

Profit Chart
Funding Support Available ? Help is available. Check out our franchising funds guide.

Yes

Find Out More
Expected Revenue After 2 Years

N/A

Request Free Information
Find Out More
The Little Foxes Club logo

Request Free Information

Send a free enquiry to The Little Foxes Club for further information!

By sharing your email, you're agreeing to our privacy policy, cookie policy and terms & conditions.
Taka Taka logo

Start your own Taka Taka franchise

Profit Chart
Funding Support Available ? Help is available. Check out our franchising funds guide.

Yes

Find Out More
Expected Revenue After 2 Years

From £18-20,000 per week. First year...

Request Free Information
Find Out More
Taka Taka logo

Request Free Information

Send a free enquiry to Taka Taka for further information!

By sharing your email, you're agreeing to our privacy policy, cookie policy and terms & conditions.
Basilico logo

Start your own Basilico franchise

Profit Chart
Funding Support Available ? Help is available. Check out our franchising funds guide.

Yes

Find Out More
Expected Revenue After 2 Years

£400,000 - £500,000 revenue with...

Request Free Information
Find Out More
Basilico logo

Request Free Information

Send a free enquiry to Basilico for further information!

By sharing your email, you're agreeing to our privacy policy, cookie policy and terms & conditions.
View all opportunities

Must Read Articles

View all Business Advice

What Franchise Newsletter

Keep up to date with all the industry news

Thank you, your sign up was successful. Please check your emails for a verification link.