The following Information Law Q&A provides comprehensive and up to date legal information covering:
In answering this Q&A, we have assumed that all parties and data subjects are exclusively based in the UK, no overseas laws or regulation applies, that there will be no transfer of personal data outside the European Economic Area, that the personal data includes no ‘sensitive personal data’ and that the customers and other data subjects are adults with full legal capacity. For the purposes of our response, we have focussed on the position of a private sector data controller under the current Data Protection Act 1998 (DPA 1998) (we have not considered the superseding General Data Protection Regulation, which comes into force in 2018, nor have we considered the use of data for marketing purposes or sharing of confidential or proprietary data). For information on what ‘sensitive personal data’ is, see Q&A: What is sensitive personal data for the purposes of the Data Protection Act 1998?
In its Data sharing code of practice, the Information Commissioner explains how the DPA 1998 applies to the sharing of personal data. In this context, the term ‘data sharing’ refers to the disclosure of data from one or more organisations to a third party organisation or organisations, or the sharing of data between different parts of an organisation. Data sharing can take the form of:
a reciprocal exchange of data
one or more organisations providing
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. 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
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine present a low risk of money laundering or terrorist financing, having taken into account:•your organisation-wide risk assessment—see Practice Note:
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
Company directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their services will need to be
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.