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Data protection issues on commercial transactions (DPA 1998 version)
Practical Law UK Practice Note 5-200-2146 (Approx. 37 pages)
Data protection issues on commercial transactions (DPA 1998 version)
by Robert Sumroy and Rebecca Cousin, partners, and Natalie Donovan and Cindy Knott, professional support lawyers, Slaughter and May
| Law stated as at 26 Aug 2016 • England, Wales |
This note considers how UK data protection legislation affects commercial transactions and, in particular, data relating to employees.
Note: With effect from 9 August 2016, this resource is no longer being maintained. From 25 May 2018, the EU General Data Protection Regulation ((EU) 2016/679) (GDPR) replaced the current regime established by the Data Protection Act 1998. It is supplemented by the Data Protection Act 2018. For legal developments between 9 August 2016 and 24 May 2018, please refer to the legal updates on the topic page for this resource: see Transactions, Compliance, Data sharing, Exporting personal data, Data security, Employee data and monitoring, Sanctions and remedies and GDPR and data protection reform.
The European Commission is reviewing a related piece of legislation, the E-Privacy Directive (2002/58/EC), implemented in the UK by the Privacy and Electronic Communications Regulations (2003/2426) (as amended) (PECR). Their replacement, the draft E-Privacy Regulation (COM (2017) 10 final) (draft ePR), was not agreed in time to align with the GDPR on 25 May (see Legal update, Government confirms delay to draft E-Privacy Regulation). The Information Commissioner has confirmed that PECR (with GDPR standard of consent) will continue to apply until the draft ePR is finalised. We are updating our direct marketing, cookie and other related resources to reflect this. For further information see E-Privacy Regulation tracker. For further information and ICO guidance, see Practice note, Overview of GDPR: UK perspective: Direct marketing and draft E-Privacy Regulation.
Please be aware that as we regularly update weblinks embedded in our resources so they link to the most recent versions of ICO guidance and codes of practice, those versions may be more current than the law stated date on this resource.