Hi
I suggest going back to the principles. Sometimes it's easy to get lost in the wood, but going back to basics is always a good start. You wouldn't use opt-out, and would only use opt-in where consent was the lawful basis condition. You need to establish your lawful basis for giving it to the new controller, which may be different from your original basis for processing. Article 14 notice at your end too, unless the transfer is already covered. Whether the new DC needs to contact individuals re consent is up to them.
Now work through only sending minimum data needed, how both parties will assure accuracy and correct transmission, secure process of transmission etc. Ensure both parties have a written agreement (even if just an email) on how and why the transfer is happening and how you’re meeting the rights of the data subject.
Hope this helps.
Victoria Blyth
Information Strategy Manager
Information Management Team
London Borough of Barnet,
2 Bristol Avenue, Colindale,
London NW9 4EW
Tel: 020 8359 2015
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Stacey Kennedy
Sent: 06 November 2019 09:51
To: [log in to unmask]
Subject: [data-protection] Data transfer to a new controller
Hi there, can anyone point me in the direction of what part of GDPR/DPA I need to be looking at for guidance on a data controller transferring data to a new data controller please? Essentially a database we host is being transferred to a new data controller to manage and process, we would no longer be the controller, and I want to check how to this correctly. I can only find the need for an Article 14 notice on the other end.
There is a question whether we need an opt in/out option when contacting database users. We are a public body and we currently collect this data under public task, but we would be transferring to a charity so it would be a change in legal basis.
Any help hugely appreciated.
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