Wasn't Microsoft fined by the Spanish Government in the region of £30,000 a
few years ago for transfering its customer list from Spain to the US?
Alan
Alan Stead
Service Manager-Information Governance
Nottingham City Council
Guildhall
Burton Street
Nottingham NG1 4BT
Tel 0115.9154943
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Clare Watts
Sent: 29 August 2007 14:31
To: [log in to unmask]
Subject: [data-protection] Transfer of data outside EEA via another EU
country
Dear list members,
I have a doosey for you.
The theory is: I would like to arrange a one off transfer to a seperate
legal entity, (but part of our company "group") a selection personal data
(name only) to perform a processing function for us. The company is based
in the US. We have the appropriate intercompany agreements in place.
We can do this with UK data and in addition, we already have customer
consent.
I have asked if we can do this with some Spanish data. The response is
that we can, but because Spain does not adopt EU directive until December
2007, they do not have the protection of this and therefore the data must
be sent via the UK first to then be transferred outside of the EEA via the
UK and thus avoid Spanish requirements.
Now I have had this before, where people believe that if you transfer data
within Europe, to the country with the weakest interpretation of the
appropriate part of the Directive, you can send it outside the EEA without
adherence to the law of the country of origin, but I just don't buy it.
If it was that simple, surely we'd all be doing that?
My worry is that I am sure I have read in the directive that the law of
the country of origin must be followed, (i.e. not the country that the
data is finally transfered from.)
In addition, has anyone heard of Spain NOT yet adopting the EU directive?
I thought all member states had to adopt it some time ago?
Any comments or advice will be gratefully received.
Clare
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