What becomes very complex here is when the data enters a vendor company
"Vendor" as an enquiry "Enquirer" which should lead to a sale.
Vendor never sells direct but sell sonly via wholesale distribution via
company "Distributor"
Distributor only sells through retailers.
The challenge is in the legitimate passing of the enquiry from Vendor via
Distributor to Retailer. Vendor has NO relationship with nor always
knowledge of Retailer's identity, and has no contractual relationship with
Retailer, nor does it ever sell product to Retailer directly.
Enquirer doesn't care. Enquirer wants to buy Vendor's product. Enquirer
would be surprised, though, to receive a call from Retailer because he has
enquired of Vendor.
Anyone's head spinning yet?
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of David Aspinall
Sent: 18 February 2005 15:50
To: [log in to unmask]
Subject: Re: [data-protection] Passing data to another company
Thanks Chris, I was aware of that. The only difference I have noted with
respect to DPA is that companies sometimes state that information will be
used within a group in order to expedite whatever service is involved.
David Aspinall
Datum Solutions Limited
Datum House
4 Priory Close
Fleet
Hampshire
GU51 4ED
Direct Line: 01252 612805
Mobile: 07785 234322
[log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Chris Brogan
Sent: 18 February 2005 14:07
To: [log in to unmask]
Subject: Re: [data-protection] Passing data to another company
David,
it doesn't matter if they are a subsidiary or associate they are still a
separate legal entity under UK law.
Chris Brogan
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of David Aspinall
Sent: 18 February 2005 12:46
To: [log in to unmask]
Subject: Re: Passing data to another company
I'm not exactly an expert on company law but to my understanding A and B are
either separate legal entities or one is a subsidiary (wholly or otherwise)
of the other. If I have a courier company carry out deliveries for me then I
am passing them personal data but I remain the data controller and the
courier company is just a data processor.
Is that the type of relationship we are discussing or is it more complex?
David Aspinall
Datum Solutions Limited
Datum House
4 Priory Close
Fleet
Hampshire
GU51 4ED
Direct Line: 01252 612805
Mobile: 07785 234322
[log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Carter, Antoinette
(CCM)
Sent: 18 February 2005 11:16
To: [log in to unmask]
Subject: Re: [data-protection] Passing data to another company
In my opinion, when Company A and Company B become partners, they become
joint data controllers. As such, I would say that "consent" or prior
permission is not required. However, they should issue a new Fair
Collection Notice to advise customers of the new partnership in order to
satisfy Principle 1.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Turner8
Sent: 18 February 2005 09:24
To: [log in to unmask]
Subject: [data-protection] Passing data to another company
Sorry if this posting appears twice, something went funny with my email!
If company A forms a partnership with company B it may be necessary for
company A to pass personal data to company B so that the service can be
provided to the customer. If the data is passed purely to satisfy the needs
of the customer and not for marketing purposes is this still classed as
passing to a third party? Does the data subject need to have given
permission?
Thanks,
Stewart.
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