Q&As

What is the position where there is a conflict between a party's contractual and statutory obligations under the Data Protection Act 1998?

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Produced in partnership with Ashley Roughton of Ipchambers.eu
Published on LexisPSL on 22/08/2016

The following Information Law Q&A produced in partnership with Ashley Roughton of Ipchambers.eu provides comprehensive and up to date legal information covering:

  • What is the position where there is a conflict between a party's contractual and statutory obligations under the Data Protection Act 1998?
  • Statutory obligations
  • Contractual obligations

The Data Protection Act 1998 (DPA 1998) applies to a UK-established data controller who processes personal data in the context of that establishment. The DPA 1998 also applies to a data controller who processes personal data using equipment located in the UK if the data controller in question is not established in the UK or within another European Economic Area state.

Statutory obligations

The DPA 1998, Sch 1 lists the data protection principles which govern the protection of personal data. As the DPA 1998 regulates a wide range of data processing activities (including HR, marketing and customer data processing), these principles are expressed in very broad terms. The broad nature of the principles makes it hard for a data controller (the entity responsible for complying with the DPA 1998) to know what exactly needs to be done in prac

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