The ICO’s Data Sharing Code of Practice touched on the transfer of personal data when there is a merger or a takeover. The relevant information can be found in Section 6.
https://ico.org.uk/media/for-organisations/documents/1068/data_sharing_code_of_practice.pdf
Tony
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From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Gudge, Teresa
Sent: 09 March 2015 10:34
To: [log in to unmask]
Subject: [data-protection] Takeovers -v- fair processing notices
Good Morning fellow Jiscmailers
If a company ceases to trade and it holds personal data which has been gathered legitimately how does the organisation taking over the operations of the folding company stand with regard to contacting individuals ?
Would the new organisation carry on as the old one had and use the data for the purpose it was collected by the old company ?
I would assume that the new organisation would write to the individuals and tell them of the take over and offer them the opportunity to opt out - but if they chose to stay in then the new organisation could just carry on ??
So no law would be broken ??
Your thoughts please :-)
Many thanks in anticipation
Teresa Gudge
Information Security & Data Protection Manager English Heritage
07717 800989
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