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Data protection law when selling a business

Mar 22 2007

This is a complicated question. If your business customers are themselves businesses then the Data Protection Act 1998 does not apply and selling/transferring the names etc can go ahead – one would hope that as a matter of courtesy and good business practice you would inform them and seek their consent anyway.

If the names, addresses and phone numbers are home addresses of private individuals then they may well be covered by the Act – especially if the purpose is for marketing products to them or for credit reference purposes.

If the part you are selling is sold in a manner that it is a transfer of the undertaking under the Transfer of Undertakings (Protection of Employment) Regulations 2006 then there might not be a problem with the ‘Data Protection Act 1998’. Take advice from someone specialising in this field.

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