According to a decision of the Paris Court of Appel (22 May 2019, n° 17/05279), the clause obliging the franchisee to make available to the franchisor its entire customer database is not unlawful.
Such clause does not constitute an obligation devoid of consideration for as long as the franchisor has committed not to disclose the data to the other franchisees and to use it only for the franchisor’s benefit and that of its subsidiaries and for the development of the site and the brand, and this, with the consent of the franchisee.
