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GDPR, Data Protection Act 2018 and Transfer of Undertakings (TUPE)


Morrisons Supermarkets are breathing a sigh of relief since the Supreme Court ruling that they are not vicariously liable for a deliberate data breach by a disgruntled ex-employee which exposed personal data of almost 100,000 of its employees.  Vicarious liability is when an employer is held responsible for something done by an employee in the course of their employment. In WM Morrison Supermarkets plc v Various Claimants [2020] the Supreme Court considered the circumstances in which an employer is vicariously liable for the conduct of its employees and whether the Data Protection Act 1998 (DPA 1998) excluded vicarious liability for such  claims…..Read more

Data Protection and TUPE

Your employer must comply with GDPR and the Data Protection Act 2018 (DPA 2018) when there is a transfer of a business to which the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) [2006] applies. DPA 2018 applies to certain types of processing of personal data to which the GDPR does not apply. It therefore supplements, and must be read together with GDPR.

See ICO on Disclosure of employee information under TUPE

TUPE Information

TUPE requires that certain information about the business is provided to the new employer before the transfer takes place. This includes;

  • details of pay
  • hours of work
  • leave entitlement
  • details of any disciplinary or grievance proceedings

Your current and prospective employer must consider their data protection obligations early in the transfer process and only pass on accurate, current and secure information required by the new employer.

Updated: 07/04/2020


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