Discussion in 'Legal' started by thoullis, Mar 5, 2018.

  1. thoullis

    thoullis UKBF Newcomer Free Member

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    I am a Sole Trader operating an ecommerce business supplying Cash Handling Equipment. I have been the sole distributor in the UK for a German company. I am planning to retire shortly and looking to possibly selling the business. As the business does not have premises or machinery the most valuable asset would appear to be the customer database which has been built up since 2003 and contains over 1000 individual customers many of whom have multiple machines installed. As I understand it the new GDPR regulations will impose severe restraints on how this database could be used by any buyer of my company. The database could only be used by a company selling the same or very similar product and could not be used for example by a company selling shredders. In addition I would in theory have to get individual permission from each customer on the database for their data to be transferred. Furthermore once transferred I would have no control over how this database would be used. On the other hand both myself and my Supplier are anxious that my customers should continue to receive service and support in the UK.

    I guess a simpler alternative would be for me to simply email all my customers informing them that the business is closing on a certain date and asking them to contact the German Supplier for all servicing/support requests pending the appointment of a new distributor. Once the new distributor is appointed I could offer to contact the customers on my database (for a consideration) informing them of the new distribution arrangements whilst giving them the opportunity to opt out from future contact with the new distributor. The database would still not be given to the new distributor. Would this work?
    Posted: Mar 5, 2018 By: thoullis Member since: Jul 18, 2011
  2. obscure

    obscure UKBF Ace Free Member

    2,476 565
    Sorry I don't understand what the problem is. You said...

    and then...
    So how would the new company not be in "the same or very similar" business if they are providing the same machines and support?
    Posted: Mar 5, 2018 By: obscure Member since: Jan 18, 2008
  3. cjd

    cjd UKBF Legend Full Member - Verified Business

    15,380 3,051
    Sell your database to the German supplier before 28th May 2018, then it's their problem.
    Posted: Mar 5, 2018 By: cjd Member since: Nov 23, 2005
  4. thoullis

    thoullis UKBF Newcomer Free Member

    7 0
    Sell your database to the German supplier before 28th May 2018, then it's their problem.
    In this case could I sell the database to say a competitor selling similar products as long as this was before 28th May? Would I be liable for any misuse of this data after 28th May?
    Posted: Mar 6, 2018 By: thoullis Member since: Jul 18, 2011
  5. fisicx

    fisicx It's Major Clanger! Staff Member

    29,337 8,652
    Yes. The DPO may continue to have responsibilities after transferring the data or leaving the company. It's something I've only just found out about and am beginning to research.

    It was this article that prompted me to look into the issue:
    Posted: Mar 6, 2018 By: fisicx Member since: Sep 12, 2006