(e) Business Data.

Collection and processing of personal and commercial data

Data collected or produced by distributors in a network plays a strategic role for retailers. Without this data, retailers cannot:

understand their market;
analyze the performance of their network;
animate their network;
detect the difficulties of their distributors;
conducting marketing or commercial actions.

Gouache Avocats assists retailers to ensure that they hold rights to personal and commercial data resulting from the operation of the various points of sale in their network.

Gouache Avocats ensures that the brands collect this data in compliance with French and Community legislation on personal data :

definition of the data that can be collected and processed automatically;

definition of the role of the network manager and distributors in the collection of data (controller, subcontractor);
statements based on the data and its use.

Once collected, the data can be stored and used by retailers and distributors. Gouache Avocats contractually organizes the storage and use of personal and commercial data by the brands:

data access

permissions;
analysis of data collection methods;
definition of the roles of each, head of network and distributors, in the conservation and processing of data;
determination of the owner of the personal and commercial data;
delimitation of the uses that brands and distributors can make of the data collected, during the term of the contract and at the end of it.

We invite you to discover here all the articles related to the protection of commercial data.

Finally, Gouache Avocats ensures, through the insertion of specific clauses in distribution contracts, to ensure that retailers have the right to use and retain, including at the end of the contract, the data of distributors.