The rules

Is it legal to sell data when a data company changes hands?

Updated

When a company holding personal data is sold, the regulators say what the buyer takes on: California excludes a merger transfer from a sale on a condition, and the FTC and the ICO set the buyer's duties.

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The US: the seller's promises bind the buyer

In its RadioShack letter the FTC recommended that customer information be sold only to a buyer in substantially the same line of business, bound by the privacy policies in place when the data was collected.

California: a merger is not a sale, on a condition

California's definition of a sale excludes a transfer as an asset in a merger, acquisition or bankruptcy where the buyer takes control of the business, provided the information is used or shared consistently with the law; a buyer that materially changes the use must give prior notice.

The UK: the data is part of due diligence

The ICO's data sharing code says a buyer must consider data sharing as part of the due diligence it carries out, including why the data was first collected and its lawful basis for taking it. Its section on databases and lists treats the transfer of a list of individuals as data sharing whether or not money changes hands.

Source: The law on customer data when a data company is sold

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  • Read against 19 announced acquisitions of data companies
  • A description is enough; no customer data is asked for
  • Privacy promises raised before any buyer is

Sources

This site's own datasets, every figure quoted from its source and dated:

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