Franchise & GDPR Advice Needed.

[stav4187]

Hi

I am hoping someone can offer some advice.

I am currently a Self Employed Driving Instructor however have signed a Franchise Agreement with a national driving school.
Initially I paid £1000 for the training which covered all parts of the training.

Upon passing my Part 2 - I had 2 options:
a) Train for my Part 3 and just take the Part 3 exam.
OR
b) Sign a franchise agreement and then I could work as I was sponsored by the company to train on the job, for the franchise fee they provided a fully serviced vehicle and also opened my diary for students (however I found my own students apart from a few they found at the start).

The franchise contract stated that once Part 3 was passed then I had to work for 6 months before I could hand in my notice which is stipulated as another 6 months - so basically they are tying me in for 12 months.

Now I have an email from their sales manager stating that the notice period is 6 months on the franchise and not 12 months !! This was sent prior to me signing up.

Now I know you will say I should not have signed up !!!!

Now for the twist in the story !!!

The same sales manager gave my personal mobile number out to a member of the public without any consent from me - I believe this is against GDPR and I can complain to the ICO.
I have not signed any agreements regarding authority to give my personal details out.
The member of the public then called and text repeatedly - they were interested in becoming a driving instructor in the same area as I am and the sales manager gave my details out so that the member of the public could ask me questions about the process etc… This member of the public also confirmed that the sales manager gave my details out.
I believe this breach would not be covered under any of the approved reasons to disclose information.

Now my question is that how can I continue working with a company who have no regard for personal data.

GDPR is not covered in my franchise contract but due to the breach am I within my rights to end the contract due to the breach ??

I look forward to your advice.

Thanks in advance.

[R0b]

GDPR is not covered in my franchise contract but due to the breach am I within my rights to end the contract due to the breach ??

The GDPR has been around for over 5 years and it's predecessor since 1998 so I'm surprised they wouldn't have covered anything in the franchise agreement regarding personal data but I have to take your word for it. To warrant termination of the agreement the disclosure of your personal number would have to amount to a material breach that goes to the root of the contract.

Is it a breach of data protection laws, maybe. Is it likely to be a material breach, probably not. Just to point out that the use of your personal data does not require explicit consent and this is something everyone forgets to understand. Other ways in which your data could be used is where there is a legitimate interest (the sales manager could try to rely on this) or another common reason is for the performance of a contract.

If you are not happy about this then you should put in writing to the sales manager that you do not appreciate him sharing your personal information without your consent let alone without notifying you in advance. Moving forward you do not agree to your personal data being shared with other people unless you have been asked and given consent.

Pays to read the contract before you sign...