UKNM: HOLDING DATA OVERSEAS

[Janet Hoy]

Ooops, steady on Ben!


I think you need to get more advice on the recent Data Protection Act and

read the front cover of Precision Marketing "Amazon accused of data law

flout" - Amazon has been accused on transferring data of British customers

to US headquarters.... because European law prohibits passing personal data

to countries like the US, where there is no adequate data protection.


Basically it can be done but you need to flag it up and give people an

opt-out on transferring....


Then you need a contract to ensure that data is held over there in

accordance with our law (Chamber of Commerce terms will do).


Also, on email names ... that is 'under review', and bear in mind the Double

Click court case where a consumer sued because they had tied email data

capture up with direct marketing data to 'sell' that consumer's profile and

contact details.  So, take care that you are all opted-in (or an 'opt-out'

tick box in the UK is acceptable) on your list selling as you can be in for

a hefty fine.



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