Q&As

Given the General Data Protection Regulation regime, to what extent can a pre-action potential defendant provide personal data of its customers to a potential claimant as part of undertakings that the potential defendant wishes to give after getting a letter before claim?

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Published on LexisPSL on 21/09/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Given the General Data Protection Regulation regime, to what extent can a pre-action potential defendant provide personal data of its customers to a potential claimant as part of undertakings that the potential defendant wishes to give after getting a letter before claim?
  • Pre-action conduct
  • GDPR

We are in the process of producing new content relating to the General Data Protection Regulation and litigation, which will be available in our module as soon as possible.

Pre-action conduct

The pre-action protocols (Protocols) and, in the event that none of the specific pre-action protocols apply, the Practice Direction Pre-Action Conduct and Protocols (the Practice Direction), set out the conduct usually expected of parties prior to the issue of proceedings. An effective exchange of information is encouraged between the parties, with an important part of this process being the letter of claim, setting out the details of the claimant’s proposed claim, and the defendant’s response to that letter.

However, as indicated in: Pre-action protocols: Halsbury’s Laws of England [19] and the Civil Procedure Rules—Glossary (CPR glossary), the Protocols are, in effect, stateme

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