The management of social media by franchisors and franchisees

How can a franchise formula make optimal use of Social Media? And how does this work from a legal perspective?

Social Media: what are the legal aspects?

Similar to other websites, a Social Media page on the internet is a form of passive promotion. In practice, this means that a franchisee is allowed to manage their own Social Media page. As a franchisor, you cannot prohibit this. But as a franchisor, you shouldn't want to either. For the franchisee, Social Media is an excellent tool to communicate with (potential) customers. For the franchisor, the use of Social Media by franchisees only leads to increased (free) brand awareness. Unlike a website or an online store, where there are compelling reasons for central management by the franchisor, individual use of Social Media by the franchisee is generally more effective.

Managing social media by franchisor and franchisees

As is common in franchising, it is also important for Social Media to make agreements about the division of tasks between the franchisor and the franchisee. This is crucial for maintaining a uniform and professional brand image. It also allows better steering towards objectives. The most effective approach is to establish a division of tasks through a set of rules, which are then included in the franchise manual. Below you will find several rules. The rules may vary per formula, depending on the chosen Social Media and specific objectives.

Example rules for facebook

The franchisor manages a collective (national) page of the franchise formula on Facebook.

1. The franchisor assists the franchisee in creating an individual business page in the franchise style on Facebook (linked to a new or existing personal account). A separate appointment is scheduled for this. The franchisee then manages this page independently.
2. Uniform guidelines apply to the creation of individual account names, profile names, usernames, and passwords. The profile name of an individual page must always include the formula (brand) name and an individual name, such as the franchisee's location.
3. Upon termination of the franchise agreement, the franchisee loses the right to use the Facebook page using the franchise style. The entrepreneur may not use the formula name for usernames and passwords after termination.
4. Individual pages on Facebook are personal and may be informal in nature, which is the strength of Social Media. However, the link with the own (franchise) business must always be present. Posts should not have an exclusively personal character. For this, the franchisee can use their own personal page on Facebook if they wish.
5. The franchisor regularly checks the content and appearance of the individual pages. At the first request of the franchisor, the franchisee must remove any content that does not comply with the (separately established) content posting guidelines. Examples include the use of coarse or obscene language or posting private photos that have no business or formula relevance. The franchisor will always motivate their request by referring to the guidelines.
6. In certain cases, an individual page of a franchisee can be promoted on the national formula page on Facebook (managed by the franchisor). Examples include links to the individual page or liking posts (Facebook).
7. The franchisee must contact the franchisor in a timely manner if they wish to request a link to their own page. It may partly happen spontaneously, but do not assume it happens automatically. Other franchisees may have similar actions, which can result in messages being bundled in some cases.

When using Social Media, it is wise for the franchisor to establish Social Media rules. Include these in the franchise manual. These rules safeguard a uniform (brand) presentation and help achieve objectives more quickly. Since Social Media as a field is constantly evolving, it is advisable to regularly evaluate the Social Media rules.