Selling a database (DPA 1998 version) | Practical Law

Selling a database (DPA 1998 version) | Practical Law

A discussion of the legal issues arising on the sale of a database, focusing primarily on data protection-related issues.

Selling a database (DPA 1998 version)

Practical Law UK Practice Note 2-107-4763 (Approx. 15 pages)

Selling a database (DPA 1998 version)

by Ruth Hoy, DLA Piper UK LLP
Law stated as at 25 Oct 2017 • United Kingdom
A discussion of the legal issues arising on the sale of a database, focusing primarily on data protection-related issues.
Note: With effect from 25 October 2017, 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 25 October 2017 and 24 May 2018, please refer to the legal updates on the topic page for this resource: see Transactions and Databases. Please see a new version of this note covering the GDPR and DPA 2018, Practice note, Selling a database (GDPR and DPA 2018) (UK).
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.