Transfer of Data Outside of the EC

[walldred]

Hi all,

I'm currently setting up a web based business and am getting quite confused about the issues surrounding Section 8(?) of the Data Protection Act - i.e. the transfer of personal data ouside of the EC. Being an internet based business my service suppliers are most likely going to be internet based also and not located within the EC.

I heard somewhere you need to establish a contract with each and every supplier effectively asking them to comply with UK Data Protection Law.

That being the case would this apply if, for example, I decided to outsource my email marketing to a US company and needed to pass on email addresses or if I decided to outsource customer support to say, India, and needed to forward relevant client details ?

I have spoken to a couple of solicitors but, frankly speaking, I'm still not that clear. So I thought I'd get some feedbak from you guys. I know it's quite a complex issue but the feedback much appreciated.

Regards,

William Alldred

 

[Antonia @limeone.com]

On this you need positive consent on both sending out information and also emailing clients using their addresses. The law on both is complex and as you have already been advised by 2 lawyers: and still have concerns you need to get written advice from a lawyer to protect your business based on exact circumstances and not general advice.

 

[DuaneJackson]

My understanding is that if the country you are sending the data to has similar laws giving the same level of protection then you are OK.

A google search for:

DPA "safe harbour"

might help.