Below is a non-exhaustive list of potential warranties in relation to data protection, the Buyer may seek from the Seller:
- Confirmation the Commissioner has been notified (if required to do so) and that any notification fees have been paid.Â
- All notifications and subject access requests are accurate and up to date.
- Full compliance in all material respects with the data protection legislation.
- No outstanding enquiries.
- No outstanding subject access requests.
- No outstanding notices.
- No outstanding complaints, claims or proceedings.
The Seller may want to restrict some warranties, so they only apply to a certain time period (i.e. previous 12 months) or the Seller can state he has no reasonable grounds for believing that any enforcement action may be taken by the Commissioner or any Individual.
The Seller should give specific disclosure if for any reason they are unable to agree to a particular warranty and depending on the type of sale the Buyer will need to consider which warranty it deems is necessary.
The final part in the series will discuss the completion of the transaction and the steps a Buyer and Seller should take to ensure they are compliant with the DPA post completion.