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ARTICLE · 06 FEBRUARY 2015

Consent For The Transfer Of Personal Data

Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
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Charles Russell Speechlys LLP

Charles Russell Speechlys LLP

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In the UK, the Data Protection Act 1998 (DPA) primarily governs the collection and use of personal data, with the Office of the Information Commissioner (ICO) responsible for its enforcement.

United KingdomPrivacy
Lucy Macpherson
Lucy Macpherson

Do you need to obtain the data subject's consent when transferring personal data within a corporate group in the UK?

In the UK, the Data Protection Act 1998 (DPA) primarily governs the collection and use of personal data, with the Office of the Information Commissioner (ICO) responsible for its enforcement.  Practically speaking, any business operating in the UK which holds information about any individuals (e.g. employees, customers or anyone else) is affected by the DPA.  Breaches of data protection laws can result in civil and/or criminal liability with the added consequence of adverse publicity.  

Data Control and Processing

Obligations under the DPA fall on the 'data controller', being the person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.  For example, a company will be the controller of the data that is processed in respect of its

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