Q&As

What legal considerations arise when a company which has supplied consumer group data to a service provider is asked to disclose that data to the consumer group’s new service provider?

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Published on LexisPSL on 14/02/2017

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

  • What legal considerations arise when a company which has supplied consumer group data to a service provider is asked to disclose that data to the consumer group’s new service provider?
  • Databases
  • Licensing databases
  • Data protection
  • Principle 1:
  • Principle 2:
  • Data portability and Midata

For the purpose of answering this Q&A, we have assumed:

  1. the question refers to a database (or part of a database) that may include personal data for the purposes of the Data Protection Act 1998 (DPA 1998), but not sensitive personal data

  2. the data will not be used for any marketing purposes or activities, and

  3. the question relates to the position under the law of England and Wales and data exclusively subject to the law and regulation in that jurisdiction. We have also assumed that no data will be transferred outside of the European Economic Area (EEA) (see Practice Note: International transfers of personal data under the DPA 1998 [Archived])

In conducting our research we have focussed on the position under current law under the DPA 1998 and accordingly we have not commented on the position under the forthcoming General Data Protection Regulation (GDPR), Regulation (EU) 2016/679 nor on any industry specific laws or rules.

Databases

The first issue to consider is whether the database is protected by any intellectual property rights.

A database can be protected in different ways:

  1. copyright can protect tables and compilations that form part of a database (literary copyright for tables and compilations was removed for databases by section 3(1)(a) of the Copyright, Designs and Patents Act 1988 (CDPA 1988), if they are original literary works

  2. copyright can protect the structure of a

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