DPA failure breaches contract

A court in Scotland has decided that a breach of the Data Protection Act constituted a material breach of express terms in a

contract, entitling the other party to terminate. The court ruled that “any breach of a material term” meant any material breach, or possibly any repudiatory breach, though this did not mean that any breach would justify termination. In this particular case the breach impaired the ability of one party to perform an important part of the contract. The decision is a reminder of the importance of including in contracts an obligation to comply with all laws, specifying laws such as the Data Protection Act where particularly relevant, and the need to include suitable warranties and indemnities that personal data is being processed lawfully.

Leave a comment

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s