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DATA-PROTECTION  January 2007

DATA-PROTECTION January 2007

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Subject:

Re: DP Clause in Contract Agreement

From:

Nick Landau <[log in to unmask]>

Reply-To:

Nick Landau <[log in to unmask]>

Date:

Mon, 22 Jan 2007 12:15:21 -0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (112 lines)

The purpose of this is so that if the business is being sold with good will 
this is to show the prospective purchasers that there is a customer list 
that goes with the business that is worth buying.

I would assume that if the business is not going to give them the customer 
list along with the business when they sell it - then they customer won't 
buy the business or they will purchase it at a reduced price.

The question is then presumably what conditions can be put on the use that 
the information is to be put by the prospective customer.

I would have thought that the business being sold would also not want a 
prospective customer to "steal" its customer database.

After all, posing as a prospective buyer could be a means of gaining access 
to a competitor's customer database.

I have no experience of this but is this not sort of the thing that would be 
looked at (ie the books) when a business is up for sale.

Nick Landau

----- Original Message ----- 
From: "Simon Howarth" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, January 22, 2007 11:37 AM
Subject: Re: [data-protection] DP Clause in Contract Agreement


>I don't like the disclosure to a *prospective* buyer or seller. An actual
> buyer or seller, maybe. But prospective? No way.
>
> Simon.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Julie Gibbs
> Sent: 22 January 2007 11:13
> To: [log in to unmask]
> Subject: [data-protection] DP Clause in Contract Agreement
>
> A bit of Monday morning advice please.
>
> We are entering into an agreement with a supplier of personal security
> devices for lone workers.  One of the Data Protection clauses in the
> agreement states that ".... will carry out the processing (as defined by
> the Act) of personal data transmitted by or on behalf of the client only
> to the extent necessary for the provision of the services and will not
> divulge the whole or any part of the personal data to any person
> except:...If ...... sells or buys any business or assets, in which case it
> may disclose personal data to the prospective seller or buyer of such
> business or assets."
>
> Should we allow this clause?  My own view is that it is ok provided the
> data subjects are made aware of what might happen to their personal data
> and that it will be used for the same purpose.
>
> Thanks in advance.
>
> Julie
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
     All archives of messages are stored permanently and are
      available to the world wide web community at large at
      http://www.jiscmail.ac.uk/lists/data-protection.html
     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 http://www.jiscmail.ac.uk/help/commandref.htm
 Any queries about sending or receiving messages please send to the list owner
              [log in to unmask]
  Full help Desk - please email [log in to unmask] describing your needs
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