RGPD and company takeovers

Integration of company A into company B can have an impact on the compliance of processing operations with the RGPD. If Company A's processing operations are managed by Company B as data controller, then Company B has to the obligation to inform customers company A of these changes as soon as it uses their data or within a maximum period of one month from the transmission of the database to company B.

Company B can then legally send a message to company A's customers, as long as it sends them the information shown at Article 14 of the RGPD and in particular :

  • the fact that company A's database was transferred to company B as a result of the takeover;
  • the full name and contact details of Company B, the data controller;
  • the categories of data processed (surname, first name, email address, telephone number, etc.);
  • the purposes for which the data is processed (customer relationship management, loyalty programme registration, etc.) and the legal basis for the processing (adherence to the GTC, consent, legal obligation, etc.) ...

This information can, for example, be included in the Data Protection Charter or Privacy Policy from company B, attached to the information email.

For sending newsletters This purpose is based on the customer's consent and a new consent must therefore be obtained before Company B's newsletters can be sent, for example by including a tick box in the information email. Otherwise, no commercial prospecting message can be sent.

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