No argument with the content of what you say, but just to point out that I
recall that, from a business perspective, the issue of "joint & several
liability" in the development of model contracts led to objections from
bodies such as the CBI, because it leaves both parties exposed to
prosecution if they cannot both be cleared of blame.
Su
Su Goulding
Data Protection Analyst
tel: 020 7330 3491
mobile: 07767 674376
[log in to unmask]
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
Sent: Friday, December 14, 2001 4:42 PM
To:
Subject: Re: EEA
In a message dated 13/12/2001 10:58:15 GMT Standard Time,
[log in to unmask] writes:
<< If a company were to a hire a "third party call centre" over in India or
a
country outside of the EEA, what regulations would we have to adhere to, to
be compliant with the DPA regulations here? >>
--------
I would have thought the only way you could do it, assuming you didn't want
to seek the "unambiguous consent" of every data subject, is to have clauses
in a watertight contract that requires the company to adhere to the rules as
if they were in the UK.
The clauses would have to include "joint and several" liability on both
companies so that if anything did go wrong either or both companies could be
sued by the data subject.
The exemptions for contracts with or on behalf of the data subject would
probably only apply if it were strictly necessary that the call centre be
based in India (eg no similar call centres existed inside the EEA).
Ian Buckland
MD
Keep IT Legal Ltd
Please Note: The information contained in this document does not replace or
negate the need for proper legal advice and/or representation. It is
essential that you do not rely upon any advice given without contacting your
solicitor. If you need further explanation of any points raised please
contact Keep I.T. Legal Ltd at the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
all commands go to [log in to unmask] not the list please!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
=====================================================================
This email is confidential and may also be privileged. If you are not the intended recipient please notify us immediately by telephoning +44 (20) 7330 3000 and requesting the IT Helpdesk. You should not copy it or use it for any purpose nor disclose its contents to any other person.
Allen & Overy
One New Change
London
EC4M 9QQ
Tel:+44 (20) 7330 3000
Fax: +44 (20) 7330 9999
General Email: [log in to unmask]
www: http://www.allenovery.com
Allen & Overy is a solicitors' partnership. A list of the names of partners and their professional qualifications is open to inspection at the above office. The partners are either solicitors or registered foreign lawyers.
IMPORTANT NOTICE:
This is a legal communication not a financial communication. Neither this nor any other communication from this firm is intended to be, or should be construed as, an invitation or inducement (direct or indirect) to any person to engage in investment activity. The following information is provided in accordance with the Solicitors' Financial Services (Conduct of Business) Rules 2001. The provision of our legal services may relate to investments. We are not authorised by the Financial Services Authority, but we are regulated by the Law Society and we can undertake certain activities in relation to investments which are limited in scope and incidental to our legal services or which may reasonably be regarded as a necessary part of our legal services. If for any reason we are unable to resolve a problem between us and a client, our client may utilise the complaints and redress scheme operated by the Law Society.
=====================================================================
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
all commands go to [log in to unmask] not the list please!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|