Thank you for your responses.
We've decided to create a 'commercial contract' with certain DP clauses included.
Cheers
Steve
_____________________________________________________________________________________________________________________
Stephen Cotterill
Procurement & Technical Officer
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Owen Thomas
Sent: 25 November 2013 17:17
To: [log in to unmask]
Subject: Re: [data-protection] Data Sharing / Data Processor Agreement
Hi
I think we might need to look at the nature of the business relationship at work before we can be sure about the data originator's ongoing responsibilities or options.
If the 3rd Party Company is being contracted by Steve to direct-market consenting customers, then a straightforward data processor / data controller relationship is established and the necessary (Principle 7) contractual obligations will arise from this.
However, if Steve is selling a list of customers who've agreed to receiving direct marketing messages from other organisations (the 3rd Party Company, in this case) , or exchanging such a list in return for sponsorship / promotions etc, then we're looking at a seller / buyer relationship, in which licensing terms are another kettle of fish. Putting them in the contract for sale or exchange would be one thing, but enforcing them might be quite another.
Owen
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