Q&As

When settling a trade mark/passing off dispute further to a letter before claim, if a party wishes to agree to provide details of customers to whom sales of infringing goods have been made and details of the purchases made, would this breach UK data protection law?

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Published on LexisPSL on 05/02/2018

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

  • When settling a trade mark/passing off dispute further to a letter before claim, if a party wishes to agree to provide details of customers to whom sales of infringing goods have been made and details of the purchases made, would this breach UK data protection law?

When settling a trade mark/passing off dispute further to a letter before claim, if a party wishes to agree to provide details of customers to whom sales of infringing goods have been made and details of the purchases made, would this breach UK data protection law?

For the purposes of this Q&A we have:

  1. assumed the ‘details’ requested including personal data as defined under applicable data protection law (for further information, see Practice Note: Key definitions under the DPA 1998)

  2. focused exclusively on the position in respect of personal data under the current Data Protection Act 1998 (DPA 1998), and

  3. not commented on the position under the General Data Protection Regulation, Regulation (EU) 2016/679 (which applies from 25 May 2018 and will replace current UK data protection law) and/or the Data Protection Bill. For further information, see Practice Notes: Introduction to the EU GDPR and UK GDPR and The Data Protection Act 2018

As explained in Practice Note: Non-disclosure exemptions under the DPA 1998, the DPA 1998 requires personal data to be processed in accordance with the eight data protection principles. In addition, a data controller must not disclose personal data to third parties contrary to the ‘non-disclosure provisions’ under DPA 1998, s 27(3), which include:

  1. the first data protection principle (fair and lawful processing), except for the requirement to satisfy one or more of the

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