New business owner and personal data
Discussion
The marina where I keep my boat is up for sale, and I got this from the current owner:
Should I give consent or have they misunderstood the requirement?
Marina said:
Dear Customers
As part of a sale process, I have to obtain your consent to pass to any new owner.
Would you be kind enough to read and return this email as soon as possible, as your consent to release your personal information.
Further details will be sent to you as and when I have them.
Below is the information that I am seeking:-
Sale of xxxxxxxx Marina.
I agree to my application details to be electronically passed to
xxxxxxxxx Ltd.
To continue my present Contract Terms and Conditions I have with
(Name) trading as xxxxxxxx Marina.
The information sought to pass are as follows:-
My name
E email address
Contact telephone numbers
Boat details
Payment method.
Kind regards
It's not clear whether they have a new buyer signed up, or whether there are simply prospective ones milling about. Obviously as and when a new owner takes over they can have my details, but I don't want them going willy-nilly to every Joe who expresses an interest.As part of a sale process, I have to obtain your consent to pass to any new owner.
Would you be kind enough to read and return this email as soon as possible, as your consent to release your personal information.
Further details will be sent to you as and when I have them.
Below is the information that I am seeking:-
Sale of xxxxxxxx Marina.
I agree to my application details to be electronically passed to
xxxxxxxxx Ltd.
To continue my present Contract Terms and Conditions I have with
(Name) trading as xxxxxxxx Marina.
The information sought to pass are as follows:-
My name
E email address
Contact telephone numbers
Boat details
Payment method.
Kind regards
Should I give consent or have they misunderstood the requirement?
It doesnt say they will go willy nilly to anyone that expresses an interest it says to a new owner which is perfectly normal. I have had this a couple of times when car dealerships have moved from one group to another. They have probably jumped the gun to ask as they really didn't need to until a new owner is lined up. If they share your data with a new third party they need to tell you so they would have to communicate with you again once they know who the owner is anyway.
jeremyc said:
Sounds like they have a buyer agreed (xxxxxxxxx Ltd.); this is the entity they wish to pass your details to.
You could always add a note to the effect that you are only giving permission for transfer to xxxxxxxxx Ltd. and no other organisation.
The 'xxxxxxxx Ltd' is the same company name as now. I have no idea who the new owner may be or even if there is one. You could always add a note to the effect that you are only giving permission for transfer to xxxxxxxxx Ltd. and no other organisation.
Interesting one
Going off what's contained in your post
The marina is currently owned by a sole trader
So the entity that has the permission to hold the data is an individual
This is getting transferred to a new legal entity so permission would be required I think.
When I've sold businesses in the past permission was not required if I sold the shares in the business but it was if we sold a portfolio of clients to a jew company and this scenario is similar.
Going off what's contained in your post
The marina is currently owned by a sole trader
So the entity that has the permission to hold the data is an individual
This is getting transferred to a new legal entity so permission would be required I think.
When I've sold businesses in the past permission was not required if I sold the shares in the business but it was if we sold a portfolio of clients to a jew company and this scenario is similar.
Simpo Two said:
The 'xxxxxxxx Ltd' is the same company name as now. I have no idea who the new owner may be or even if there is one.
Except it's not the same as one is "trading as"If you aren't comfortable then don't sign but they'd have the right to share your data to assist the sales process anyway.
Anyone they share it with wouldn't have the right to use it unless they proceeded with the sale and you consented.
Ah yes I see it now. You're right, currently it's a sole prop and presumably the new owner is/will be a limited company - the name of the marina will be the same but with 'Ltd' on the end.
So the new owner will purchase the customer's details as part of the deal and no consent is required...
Amusingly if I refused to give them my details they could never send me a bill
So the new owner will purchase the customer's details as part of the deal and no consent is required...
Amusingly if I refused to give them my details they could never send me a bill
Presumably a typo, which should have said "new"Simpo Two said:
Ah yes I see it now. You're right, currently it's a sole prop and presumably the new owner is/will be a limited company - the name of the marina will be the same but with 'Ltd' on the end.
So the new owner will purchase the customer's details as part of the deal and no consent is required...
Amusingly if I refused to give them my details they could never send me a bill
Not quite So the new owner will purchase the customer's details as part of the deal and no consent is required...
Amusingly if I refused to give them my details they could never send me a bill
As the marina is owned by an individual who is selling their interest in the marina they would need consent to transfer your data.
If you don't consent then the new owner can't use your data until you give it them.
You would still be incurring charges so they could keep your boat until you paid.
TownIdiot said:
Simpo Two said:
Ah yes I see it now. You're right, currently it's a sole prop and presumably the new owner is/will be a limited company - the name of the marina will be the same but with 'Ltd' on the end.
So the new owner will purchase the customer's details as part of the deal and no consent is required...
Amusingly if I refused to give them my details they could never send me a bill
Not quite So the new owner will purchase the customer's details as part of the deal and no consent is required...
Amusingly if I refused to give them my details they could never send me a bill
As the marina is owned by an individual who is selling their interest in the marina they would need consent to transfer your data.
If you don't consent then the new owner can't use your data until you give it them.
You would still be incurring charges so they could keep your boat until you paid.
TownIdiot said:
An example of how regulations (which are needed) get in the way of the normal course or business.
Very much so.Anyway, the idea of confidentiality has been blown to bits because I just got an e-mail from one of the other customers saying 'I consent'. The silly owner sent out the e-mail using CC not BCC, and then one of replied using 'Reply to all'
Simpo Two said:
TownIdiot said:
An example of how regulations (which are needed) get in the way of the normal course or business.
Very much so.Anyway, the idea of confidentiality has been blown to bits because I just got an e-mail from one of the other customers saying 'I consent'. The silly owner sent out the e-mail using CC not BCC, and then one of replied using 'Reply to all'
craigjm said:
oops so data breach right there
Absolutely! Gonna lawyer up and nail 'em for a million!It's all so silly. My old school reunion outfit used to have a nice dinner every year but the woman who organised it over-reacted to GDPR, wouldn't sent out invitations and the event has gone. 'Not going to lose my job' she said...
I could make a couple of arguments for them not requiring consent; I'm surprised if thisapproach reflects advice they have received from a DP professional or lawyer.
If you care:
One could argue that the processing is under 6.1b (contract) as it will be necessary to continue to fulfil the contracts that data subjects have with the marina, irrespective of ownership; one could also make a good case for 6.1f (legitimate interest) since it would not be hard to write an LIA to show that the rights and freedoms of data subjects did not outweigh the owner's interest in the sale, provided the new owner intended no substantial change to the prior processing.
In any of the three scenarios (consent/contract/LI) what you really want as a data subject is clarity around the governance and security of the processing under the new owner; clearly given the email debacle the bar is pretty low.
If you care:
One could argue that the processing is under 6.1b (contract) as it will be necessary to continue to fulfil the contracts that data subjects have with the marina, irrespective of ownership; one could also make a good case for 6.1f (legitimate interest) since it would not be hard to write an LIA to show that the rights and freedoms of data subjects did not outweigh the owner's interest in the sale, provided the new owner intended no substantial change to the prior processing.
In any of the three scenarios (consent/contract/LI) what you really want as a data subject is clarity around the governance and security of the processing under the new owner; clearly given the email debacle the bar is pretty low.
Simpo Two said:
craigjm said:
oops so data breach right there
Absolutely! Gonna lawyer up and nail 'em for a million!It's all so silly. My old school reunion outfit used to have a nice dinner every year but the woman who organised it over-reacted to GDPR, wouldn't sent out invitations and the event has gone. 'Not going to lose my job' she said...
964Cup said:
I could make a couple of arguments for them not requiring consent; I'm surprised if thisapproach reflects advice they have received from a DP professional or lawyer.
If you care:
One could argue that the processing is under 6.1b (contract) as it will be necessary to continue to fulfil the contracts that data subjects have with the marina, irrespective of ownership; one could also make a good case for 6.1f (legitimate interest) since it would not be hard to write an LIA to show that the rights and freedoms of data subjects did not outweigh the owner's interest in the sale, provided the new owner intended no substantial change to the prior processing.
In any of the three scenarios (consent/contract/LI) what you really want as a data subject is clarity around the governance and security of the processing under the new owner; clearly given the email debacle the bar is pretty low.
Impressive summary! - but as you say she doesn't have the intellect for a debate. She's prone to flap and make up her own small print which often contradicts itself. Anyway, I've said she can pass my details onto the new owner, when there is one, and hopefully that will keep her happy If you care:
One could argue that the processing is under 6.1b (contract) as it will be necessary to continue to fulfil the contracts that data subjects have with the marina, irrespective of ownership; one could also make a good case for 6.1f (legitimate interest) since it would not be hard to write an LIA to show that the rights and freedoms of data subjects did not outweigh the owner's interest in the sale, provided the new owner intended no substantial change to the prior processing.
In any of the three scenarios (consent/contract/LI) what you really want as a data subject is clarity around the governance and security of the processing under the new owner; clearly given the email debacle the bar is pretty low.
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