Q&As

What is the position where there is a conflict between a party's contractual and statutory obligations under the Data Protection Act 1998?

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Produced in partnership with Ashley Roughton of Ipchambers.eu
Published on: 22 August 2016
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The Data protection ACT 1998 (DPA 1998) applies to a UK-established Data controller who processes personal data in the context of that establishment. The DPA 1998 also applies to a data controller who processes personal data using equipment located in the UK if the data controller in question is not established in the UK or within another European Economic Area state.

Statutory obligations

The DPA 1998, Sch 1 lists the data protection principles which govern the protection of personal data. As the DPA 1998 regulates a wide range of data processing activities (including HR, marketing and customer data processing), these principles are expressed in very broad terms. The broad nature of the principles makes it hard for a data controller (the entity responsible for complying with the

Ashley Roughton
Ashley Roughton

Ipchambers.eu

Ashley Roughton is an intellectual property barrister who specialises in all aspects of Intellectual Property Law and associated areas of Competition Law. He is a graduate chemist and has postgraduate specialisms in biochemistry.

Ashley has appeared in the European Court of Justice, the Court of First Instance, the Court of Appeal (both criminal and civil), the High Court (Chancery and Queen's Bench Divisions), the Divisional Court (both civil and criminal), the County Court (both general and patents) the Crown Court, the magistrates' court, the trade marks registry and the patent office.

Chambers & Partners 2012
In Intellectual Property: "Ashley Roughton has a broad practice that takes in both technically demanding patent work and complex trade mark litigation. He is known for his discreet handling of sensitive issues, and in recent times he has been engaged in a series of disputes relating to design rights of various types."

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Contract definition
What does Contract mean?

A contract is a legally binding promise (oral or in writing) by one person to fulfil an obligation to another person in return for consideration. A binding contract comprises four elements: offer, acceptance, consideration and intention to create legal relations.

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