Starting a franchise in Belgium: put quality checks in place

In your own business, you often notice instinctively when service standards start to slip. Once independent franchisees are operating your business format, that gut feeling is no longer enough. You need an approach to quality checks that safeguards standards without taking over their businesses. Develop it before signing your first franchise agreement, so everyone knows what will be assessed, how it will be assessed and what happens when something goes wrong.

1. Turn your business format into verifiable standards

A quality check starts not with a visit, but with a clear definition of what good performance looks like. First, identify the elements that are central to your customer promise. These might include product safety, correct delivery of a service, cleanliness, complaints handling and consistent branding and presentation.

Then distinguish between three types of standards:

• Legal requirements: obligations arising directly from applicable legislation, such as food safety rules for food businesses.
• Essential franchise standards: requirements needed to deliver a consistent brand experience.
• Areas for improvement: good practices you recommend, but where non-compliance does not automatically constitute a breach of contract.

Describe each mandatory standard clearly enough for two assessors to reach broadly the same conclusion. ‘The premises look professional’ is too vague. ‘Current opening hours are displayed at the entrance’ can be verified. Also specify what evidence is sufficient: an observation, a record or a spot check.

Avoid giving minor presentation issues the same weight as safety problems. An overall score can be useful, but it must not allow numerous positive results to conceal a serious risk. Set out which instances of non-compliance will always require separate follow-up.

2. Test the checks in your own business first

Use your existing business as a testing ground for quality checks. Ask someone who is not responsible for day-to-day operations to use the assessment checklist. Can they understand the standards without repeatedly asking for explanations? Is the required evidence actually available? How much of the team’s time does the visit take?

Then ask a second assessor to examine the same areas. If their conclusions differ significantly, the criteria are probably still too subjective. Refine the wording before making them binding on franchisees.

Combine different sources of information, but give each a clear purpose:

• A self-assessment helps the franchisee identify problems early.
• An announced visit allows for a thorough discussion.
• Complaints data highlights recurring problems, but does not prove a failing on its own.
• A targeted follow-up check establishes whether an agreed improvement is working.

Set the frequency according to risk, complexity and previous findings. A new outlet may temporarily need closer monitoring. However, more checks are not automatically better: each check should answer a specific question about quality.

3. Set out powers and boundaries in advance

Belgium has no standalone law governing franchise agreements as a distinct contract type in their entirety. However, Title 2 of Book X of the Belgian Code of Economic Law, concerning pre-contractual information for commercial cooperation agreements, generally applies to franchising. General contract law and the rules on unfair terms between businesses are also relevant, among other provisions.

The prospective franchisee must receive the draft agreement and the separate pre-contractual disclosure document at least one month before entering into the agreement. Make sure your approach to quality checks is therefore set out in the contract in good time, and that relevant obligations are properly reflected in the pre-contractual information. Do not introduce extensive inspection powers only after signature as though they were a minor administrative detail.

The agreement should clearly specify who carries out checks, what information must be accessible, how visits are announced and when an unannounced visit may be justified. Make any costs, obligations to remedy failings and consequences of repeated non-compliance clear as well. Have these provisions legally reviewed for clarity and balance.

Respect the franchisee’s independence throughout. You are checking how the business format is being implemented; this does not automatically entitle you to assume the day-to-day role of employer. Discuss findings with the business owner or their designated representative, rather than routinely directing their staff yourself.

Also limit the processing of personal data. For example, do not share complete customer files when anonymised complaints information is sufficient. Review access, retention periods and responsibilities under the General Data Protection Regulation (GDPR).

4. Make corrective action more important than the score

A useful inspection report sets out the relevant standard, established facts, risk and required corrective action for each instance of non-compliance. Give the franchisee an opportunity to correct factual errors or explain relevant circumstances.

Then agree who will carry out each action, by when and what evidence will demonstrate that the issue has been resolved. Distinguish urgent safety measures from improvements that require training or planning. Do not apply contractual consequences mechanically: the severity, any recurrence and the applicable terms must all be considered.

Use recurring findings to improve your own business format too. If several outlets make the same mistake, the cause may be an unclear instruction or an impractical procedure. Share anonymised lessons across your franchise network without publicly naming and shaming business owners.

Practical conclusion: before launching your franchise, test one complete quality-check cycle in your own business: setting the standard, assessment, an opportunity to respond, corrective action and a follow-up check. Only make it part of the franchise relationship once that cycle is clear and workable.