What approvals and authorizations are required for a Caring Transitions franchisee to handle personal data?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
(b) Franchisee shall process any that may be collected or acquired by Franchisee, whether from clients, employees or other sources ("Franchise Data") strictly in accordance with data protection laws that may apply from time to time during the course of this agreement and, in particular:
(1) only insofar as is necessary for the purpose of performing its obligations under this agreement;
(2) in accordance with Franchisor's instructions except where to do so would infringe data protection laws or any other statutory provision that prevents Franchisee from complying with such instructions;
(3) before processing any data, inform the person to whom the data relates of (i) the purpose(s) for which any processing is to be carried out, (ii) the availability of the option to remove their personal information, and (iii) the address, telephone number and identification of Franchisee in compliance with applicable laws;
(4) obtain the approval and authorization of the person to whom the data relates for handling of their personal data;
(5) not disclose the Franchise Data to or allow access to it other than by its or Franchisor's employees and/or any third parties engaged by Franchisee to perform the obligations imposed on Franchisee by this agreement and ensure that any such employees and/or third parties execute appropriate written contractual covenants concerning the protection of the Franchise Data from unauthorized access, use or disclosure;
(6) without prejudice to any other obligations imposed upon Franchisee by this agreement, use all reasonable efforts to assist Franchisor to comply with such obligations as are imposed on the Franchisor by Data Protection Laws.
(c) Franchisor shall provide such co-operation as is reasonably required to enable Franchisee to ensure compliance with its obligations under data protection laws, including entering into such additional agreements as may be required to ensure that there are adequate safeguards for the Franchise Data and that the transfer of Franchise Data to Franchisor complies with data protection laws.
(d) Insofar as Franchisee acts as a data processor and processes any Franchise Data on its own and/or Franchisor's behalf, Franchisee shall comply with the obligations placed on a data controller by data protection laws.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 41–49)
What This Means (2025 FDD)
According to Caring Transitions' 2025 Franchise Disclosure Document, a franchisee must obtain approval and authorization from the individual whose personal data is being handled. This requirement is part of a broader set of obligations related to data protection laws. The franchisee is responsible for processing data strictly in accordance with applicable data protection laws throughout the agreement.
Specifically, the franchisee can only process data to the extent necessary for fulfilling obligations under the franchise agreement or according to Caring Transitions' instructions, unless those instructions violate data protection laws. Before processing any data, the franchisee must inform the individual about the purpose of the data processing, their option to remove personal information, and the franchisee's contact information, all in compliance with applicable laws.
Furthermore, the franchisee must ensure that any employees or third parties who access the data have written contractual agreements to protect it from unauthorized access, use, or disclosure. The franchisee is also expected to assist Caring Transitions in complying with its own obligations under data protection laws. Caring Transitions will provide reasonable cooperation to help the franchisee meet these obligations, including entering into additional agreements to ensure data safeguards and compliant data transfers. The franchisee must also comply with the obligations placed on a data controller by data protection laws.