I'm no lawyer, but I believe under the Database Copyright provisions you
have intellectual property rights in your data. You would therefore be able
to put conditions on their use of the data - such as them making only one
approach to each person, then buying the data from you again if they want to
make another approach.
As you say, once the data is theirs - i.e. if any of the people become their
customers - they are the Data Controller and their compliance or not is none
of your business.
Best wishes,
Paul
Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB
For continuous priority support on Data Protection, sign up to my support
service:
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----- Original Message -----
From: "Cotterill, Steve" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, November 22, 2013 4:05 PM
Subject: Data Sharing / Data Processor Agreement
All,
A rather late Friday question......
I have been asked to find a way to ensure we can 'pass on' details of
our leisure centre members to a third party organisation (private
company) who will use the contact details for marketing purposes (and we
will benefit from sponsorship of equipment and events etc.).
I have advised that we do not pass on any details unless we have the
data subjects permission which will be obtained (or not) when they join
or renew their membership. All is well so far I believe.......
The question is......is there any point trying to put together some sort
of agreement with the third party. A data processor agreement won't work
as they are not processing the data on our behalf, a data sharing
agreement doesn't really work as they are not sharing data with us
(though as I write this that might be an opportunity to exploit). Once
they have the data they are the data controller and bound by the Act -
is that enough as long as the data subject is aware and no formal
agreement is required?
Thanks
Steve
________________________________________________________________________
_____________________________________________
Stephen Cotterill
Procurement & Technical Officer
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