Trustees and data protection—part one
Produced in partnership with Adam Carvalho, Owen O'Rorke and Alan Baker of Farrer & Co
Trustees and data protection—part one

The following Private Client guidance note Produced in partnership with Adam Carvalho, Owen O'Rorke and Alan Baker of Farrer & Co provides comprehensive and up to date legal information covering:

  • Trustees and data protection—part one
  • Trust principles regarding disclosure to beneficiaries
  • Data Protection Act 1998
  • Dawson-Damer v Taylor Wessing

STOP PRESS: On 11 March 2020, the Court of Appeal issued a judgment allowing both appeals in the Dawson-Damer v Taylor Wessing LLP case as to (1) whether Taylor Wessing could rely on the legal professional privilege (LPP) exemption in the Data Protection Act 1998 (DPA 1998) (appealed by Dawson-Damer) and (2) whether certain paper files constitute a ‘relevant filing system’ for the purposes of DPA 1998 (appealed by Taylor Wessing). The outcome of the Court of Appeal case may impact the content of this Practice Note. More analysis and updates will be provided shortly.

Brexit impact: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: Brexit—implications for data protection.

This Practice Note is the first of two Practice Notes covering the data protection regime and its application to trustees. In this Practice Note, the regime as it was under the Data Protection Act 1998 (DPA 1998) is discussed, along with the competing duties and principles applicable to trustees and how they have been dealt with in recent cases. While DPA 1998 was repealed by