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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 55208
Experience:  Qualified Solicitor
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Under the new GDPR regulations / laws. Can an employer who

Customer Question

Under the new GDPR regulations / laws. Can an employer who has ceased employment with us, legally contact our clients using their contact details from when in employment with ourselves, to poach their business (in our same industry) without my authorisation?
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
Basically i run a children dance school and a teacher who left my employment last week has THIS week, contacted my pupils' parents and invited them to join her own company dance school, using the pupil telephone information she obtained whilst in employment with my company. I need to know if she has breached the GDPR law.
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 9 months ago.

Did she actually take a copy of the contact details, or has she just remember who the clients were and found a way to contact them?

Customer: replied 9 months ago.
She took them during teaching sessions as a way to make contact with them and remembers who they are as we are in a small community
Expert:  Ben Jones replied 9 months ago.

That is indeed a potential breach because if she took the contact details just to contact them in relation to their sessions/bookings and has now used them to solicit business, it means that the customers’ personal data is being processed for reasons incompatible with these for which the data was initially gathered. That would be a breach of Art 5 of the GDPR. It means that if their personal data was collected for a specific purposes, it should only be used for that purpose, unless the customers had given their explicit consent for it to be used for other purposes as well.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Expert:  Ben Jones replied 9 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 9 months ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks