I think that this language does not deal with any data protection issue. It is a fairly standard licence in relation to intellectual property; the site wishing to ensure that it does have permission forever to do whatever might have been protected by the organisation's intellectual property in the uploaded content. (Despite Lawrence's comments and millions that might be spent on lawyers, I think it works - but then I've written a few!)
It does not mean that if that content contains personal data (as well as, say, copyright work) that DPA issues have been addressed. Quite clearly they have not.
Nonetheless, I'm not sure that that part of DP 7 you highlight (instructions) is the right thing to worry about. It sounds to me - difficult to be certain without knowing more - that in relation to any uploaded personal data the web service itself will be the (or an additional) data controller and therefore need not act on instructions of your employer (the original controller). It does however need to comply with 7th principle generally - ie security (but the site is - presumably - public, so that's a no-brainer).
Renzo Marchini
Dechert LLP
+44 (0) 20 7184 7563 direct
+44 (0) 20 7184 7001 fax
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-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 24 August 2010 11:45
To: [log in to unmask]
Subject: [data-protection] Web Service Terms and Conditions
My organisation has signed up for (but not yet used) a web service.
Given that "User Submissions" my well include personal datat does anyone think "... shall grant ... a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions ..." is compatible with the DP principle 7 requirement that "the data processor is to act only on instructions from the data controller" ?
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