|is not as simple as an individual’s registration of a Facebook or Twitter account. There are multiple variables that need to be considered when implementing a social media page for a franchise, and one that franchisors should always be mindful of is privacy law.|
Personal information privacy law exists in Canada to protect individuals from the collection, disclosure, use and retention of their personal information. “Personal information” is generally understood to mean information about an identifiable individual, but does not include the name, title, or business address or telephone number of an employee of an organization. This is the reason for the existence of those privacy policies which you may have seen on company websites or have been required to “accept” before proceeding with your online navigation.
Employees of franchisors who are responsible for posting material online should be made aware of the liability they may be exposing franchisors or franchisees to by not adhering to these laws. Failure to do so may result in a penalty under federal privacy legislation.
About the author
Chad Finkelstein is a franchise lawyer at Dale & Lessmann LLP in Toronto and can be reached at firstname.lastname@example.org or (416) 369-7883. For more information, please visit www.dalelessmann.com/practice-area/franchise-and-distribution-law.