Hi lillina
A couple of points. My opinions rather than legal gospel.
1. The portfolio management request would likely fall under FSA requirements too. is the institution allowed to sell such services in the UK at all?
2. the employment relationship would be based on UK law, even if the contract is supposedly regulated under us law. Even US companies need to obey UK law. The branch is regulated by UK law. (ie must pay NI, UI and so on)
3.Basic data protection principles apply;for instance original purpose. I dont think the main issue here is the transfer of data, but the legitimacy of the marketing effort.
Regards
Thomas
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Lillina Taranto
Sent: Wednesday, June 09, 2004 11:14 AM
To: [log in to unmask]
Subject: [data-protection] Offer of investment portfolio management to an employee
Dear All,
I have a case that I would like to submit to your
attention.
A UK citizen based in London joins the branch of an
American company. The employment contract is
regulated under US law, the employee is based at the
UK branch. The employment contract does not address
data protection at all. After a few weeks of
employment the employee in the UK receives a letter
from another employee based at the US head office
offering the employee in the UK management of his
investment portfolio. Can an employer based outside
the EU offer services, such as portfolio management,
to the employees based in the EU under the European
data protection legislation? Can employees' personal
data be shared across EU and non EU branches of the
same company?
I look forward to reading your answers,
best regards,
Lilly Taranto
Consultant
www.marketingimprovement.com
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