Clare,
If you haven't already done so have a look at the conditions in schedule 4
- cases where the 8th Principle doesn't apply. It seems to me that if you
normally/routinely transfer data to India in order to conduct your business
then you may be able to claim that the transfer is necessary in the
performance of a contract between the data subject and the data controller
(section 4(3)(2) and/or the transfer is necessary for the conclusion of a
contract between the data controller and a person other than the data
subject which is entered into in the interests of the data subject.
I think the key things you will need to do though are to ensure that your
customers/client (ie the data subjects) are aware at the time of making a
contract with you that you transfer data to India (transparency)or that you
take subsequent action to make them aware, and also that you ensure that
there are sufficient local safeguards to provide
-----Original Message-----
From: Clare Bond [mailto:[log in to unmask]]
Sent: 13 December 2001 10:54
To: [log in to unmask]
Subject: EEA
If a company were to a hire a "third party call centre" over in India or a
country outside of the EEA, what regulations would we have to adhere to, to
be compliant with the DPA regulations here?
Any ideas?
Clare
Clare Bond
Compliance Officer
3rd Floor, Ladymead
Tel: 01483 55 2944
Fax: 01483 55 2946
Email: [log in to unmask]
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