The following Employment guidance note provides comprehensive and up to date legal information covering:
This Practice Note considers the employment-related data protection issues arising in relation to:
a share purchase, by which the buyer takes over ownership of the company carrying on the business (the target company), acquiring as a result all of its assets, obligations and liabilities (whether or not the buyer was aware of them)—see: General issues (share purchase)—overview
an asset purchase, by which, rather than acquiring the target company, the buyer selects the assets and liabilities it wishes to acquire from the seller (explicitly excluding those which it does not wish to acquire) and purchases them, together with the business in which those assets are used—see: General issues (asset purchase)—overview
a first- or second-generation outsourcing, or an insourcing, also known as a service provision change (SPC)—see Practice Note: Outsourcing—employment issues
For the purposes of this Practice Note, references to ‘seller’ include the transferor (whether client or first-generation contractor) on an outsourcing, and references to ‘buyer’ include the transferee (whether contractor or client) on an outsourcing or insourcing.
The parties’ obligations under Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA 2018) are likely to vary depending on:
the nature of the transaction and, in particular, whether it amounts to a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006,
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234