Am I allowed to disclose personal data to third parties?
August 13, 2022 | 50,00 EUR | answered by Andrea Schlattmann
Dear Data Protection Lawyer,
My name is Tobias Hirschberg and I work for a small company that stores personal data of customers and business partners. Recently, there have been an increasing number of requests from external companies who are interested in using this data for their own purposes. However, I am unsure whether I am allowed to easily pass on this data to third parties.
My concern is that I may be violating data protection laws if I disclose personal data without obtaining the consent of the individuals concerned. I want to ensure that my company is legally compliant and that there are no legal consequences. At the same time, I also want to consider the interests of the external companies and not exclude possible collaborations from the outset.
Could you please explain to me under what circumstances I am allowed to pass on personal data to third parties and what legal requirements I need to consider? Are there possible solutions to ensure a legally compliant transfer of data? I would be very grateful for your professional advice on this matter.
Kind regards,
Tobias Hirschberg
Dear Mr. Hirschberg,
Thank you for your inquiry regarding data protection law. It is understandable that as a company, you are concerned about how to securely transfer personal data, especially to external companies. Protecting personal data is an important issue and is subject to strict legal requirements.
In principle, personal data may only be transferred to third parties under certain conditions. One of the most important conditions is the consent of the individuals concerned. Therefore, before you transfer personal data to external companies, you must ensure that the individuals have explicitly consented to it. This consent must be voluntary, informed, and unambiguous. You should therefore transparently inform them about which data will be shared and for what purpose.
However, there are also exceptions where transfer without the consent of the individuals is possible. For example, if the transfer is necessary to fulfill a contract or is required by law. In your case, you should check if there is a legal basis that justifies the transfer of the data.
To ensure a legally compliant transfer of data, I recommend that you enter into a so-called Data Processing Agreement (DPA) with the external companies. This agreement should specify the exact modalities of data transfer as well as the security measures to protect the data. Additionally, you should ensure that the external companies also act in compliance with data protection laws and do not use the data for other purposes.
It is important that as a company, you familiarize yourself with the legal requirements in data protection law and ensure compliance. In case of uncertainties or more complex issues, I recommend involving a data protection officer or seeking professional legal advice.
I hope that this information has been helpful to you. If you have any further questions or need assistance, please feel free to contact me.
Best regards,
Andrea Schlattmann
