Franchise Disclosure and Registration Requirements
A number of European countries have franchise specific and
non-franchise specific laws which can nonetheless have a
significant impact on franchisors - particularly if they are not
complied with.
Six (6) European countries that have enacted a franchise
disclosure law. These countries are Belgium, France, Italy,
Romania, Spain and Sweden. Read more in our briefing
paper.
Hover over all purple text in the table to find
out the details of these provisions (correct as at 3 March 2009) in
the table below.
For a printable version, please click
here.
|
Austria |
Yes
|
|
Due to the statutory duty of good faith a franchisor has to disclose certain information
to potential franchisees |
|
|
No |
No |
|
Belgium |
Yes
|
|
The law regarding pre-contractual disclosure which is set out in the statutory framework
of commercial partnerships lists a number of items which need to be disclosed to
potential franchisees |
|
|
No |
No |
|
Bulgaria |
No |
No |
No |
|
Cyprus |
No |
No |
No |
|
Czech Republic |
No |
No |
No |
|
Denmark |
No |
No |
No |
|
Estonia |
Yes
|
|
Due to the statutory duty of good faith a franchisor has to disclose certain information
to potential franchisees |
|
|
No |
No |
|
Finland |
No |
No |
Yes
|
|
Finnish legislation is very protective towards franchisees. In order not
to fall foul of the requirements under the unfair contract terms
legislation and the overriding statutory principle of fairness which is
a key feature under Finnish law, we recommend to our clients to provide
potential franchisees with a disclosure document |
|
|
|
France |
Yes
|
|
The Loi Doubin (the French statutory disclosure law) lists a number of items which
need to be disclosed to potential franchisees |
|
|
No |
No |
|
Germany |
Yes
|
|
Due to the statutory duty of good faith a franchisor has to disclose certain information
to potential franchisees |
|
|
No |
No |
|
Greece |
Yes
|
|
Due to the statutory duty of good faith a franchisor has to disclose certain information
to potential franchisees |
|
|
No |
Yes
|
|
Although franchise agreements do not have to be registered per se,
if they involve elements of technology transfer and provisisions relating
to know-how they need to be registed with the relevant authorities. In
addition, all franchisees located in Greece are under the obligation to
lodge a copy of the franchise agreement with the local tax authorities |
|
|
|
Hungary |
Yes
|
|
Due to the statutory duty of good faith a franchisor has to disclose certain information
to potential franchisees |
|
|
No |
No |
|
Ireland |
No |
No |
No |
|
Italy |
Yes
|
|
The Italian (franchising) law on 'commercial affiliation' lists a number of items
which need to be disclosed to potential franchisees |
|
|
No |
No |
|
Latvia |
No
|
|
There is no current statutory pre-contractual disclosure obligation in Latvia.
However,there will be from 1 January 2010 onwards. |
|
|
No |
No |
|
Lithuania |
Yes
|
|
Due to the statutory duty of good faith a franchisor has to disclose certain information
to potential franchisees |
|
|
No |
Yes
|
|
In order for the franchise agreement to be enforceable against third
parties, it has to be registered in the Register of Legal Entities of
the Republic of Lituania |
|
|
|
Luxembourg |
No |
No |
No |
|
Malta |
No |
No |
No |
|
Netherlands |
Yes
|
|
Due to the statutory duty of good faith a franchisor has to disclose certain information
to potential franchisees |
|
|
No |
No |
|
Poland |
No |
No |
No |
|
Portugal |
Yes
|
|
Due to the statutory duty of good faith a franchisor has to disclose certain information
to potential franchisees |
|
|
No |
No |
|
Romania |
Yes
|
|
The Romanian Ordinance 52/1997 as modified by Law No. 79/1998 - the statute regarding
the legal status of franchising - lists a number of items which need to be disclosed
to potential franchisees |
|
|
No |
Yes
|
|
If certain financial turnover and market share thresholds are exceeded,
the franchise agreement has to be notified to the Romanian Competition
Counsel |
|
|
|
Slovakia |
Yes
|
|
Due to the statutory duty of good faith a franchisor has to disclose certain information
to potential franchisees |
|
|
No |
No |
|
Slovenia |
No |
No |
No |
|
Spain |
Yes
|
|
Article 62 of the Spanish Law of Retail Commerce Planning together with Royal Decree
2485/1998 lists a number of items which need to be disclosed to potential franchisees.
It is applicable to all franchises amd not limited to retail franchises as the name
might suggest |
|
|
Yes
|
| Yes. All franchisors are required to be registered in the Spanish Franchise Registry. |
|
|
No |
|
Sweden |
Yes
|
|
The Swedish Disclosure Act 2006 lists a number of items which need to be disclosed
to potential franchisees |
|
|
No |
No |
|
United Kingdom |
No |
No |
No |