Corporate transactions and service provision changes (employment)—data protection issues
Corporate transactions and service provision changes (employment)—data protection issues

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Corporate transactions and service provision changes (employment)—data protection issues
  • Key initial considerations
  • Preliminary issue—consider whether TUPE applies
  • Employee liability information (ELI)
  • The data protection issues that are likely to arise
  • The data protection principles to consider
  • Personal data—identify a lawful processing condition
  • Anonymisation and pseudonymisation
  • Whether lawful and specific processing condition—consent likely to apply
  • Whether lawful processing condition—compliance with legal obligation likely to apply
  • More...

From IP completion day (11pm on 31 December 2020), Regulation (EU) 2016/679, General Data Protection Regulation (GDPR) is retained EU law (see Practice Note: Brexit and IP completion day—implications for employment lawyers—Retained EU law) and known as UK GDPR. Together with the parts of the Data Protection Act 2018 (DPA 2018) that relate to general personal data processing, powers of the Information Commissioner and sanctions and enforcement, as amended, this makes up the UK GDPR regime. The GDPR as it continues to apply in the EU is known as EU GDPR.

This material considers the UK GDPR regime, and legislative links are to Retained Regulation (EU) 2016/679, UK GDPR, except where expressly stated otherwise.

For a more detailed introduction to the UK GDPR generally, see Practice Notes: The UK General Data Protection Regulation (UK GDPR) and The UK General Data Protection Regulation (UK GDPR)—Navigator.

This Practice Note considers the employment-related data protection issues arising in relation to:

  1. 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

  2. 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

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