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The Information Commissioner's Office (ICO) issued guidance this month re TUPE and Data Protection, confirming that an employee's consent is not required to transfer their employment record to a new employer under TUPE. The guidance aims to help data controllers understand their obligations and also provides a list of good practice tips
The Data Protection Act 1998 (DPA 1998) is based around eight principles of good information handling which give people certain rights in relation to their personal information, and place obligations on organisations responsible for processing it. The ICO guidance is part of a series which aims to help data controllers understand their obligations and promote good practice. It explains what organisations need to do to comply with the DPA 1998 when providing information about employees under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE).
TUPE is intended to preserve the terms and conditions of an employee's employment when a business or undertaking is transferred to a new employer. It requires new employers to be provided with information about their new workforce in ad
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