Readiness check: can your company license its records?
Ten questions on authority, ownership, people's data, records and transfers, with a plain action for every gap. UK rules, about two minutes.
Answer the questions to see what to sort before you license any records.
0 of 10 answered
A self-check, not legal advice. Take advice on your own case before you license any records.
The five areas
- Authority. Who can agree a licence: the directors of a trading company, or the office-holder if it is in insolvency.
- Ownership. A company normally owns the copyright in what its employees create in the course of their employment, under section 11 of the Copyright, Designs and Patents Act 1988. Contractors usually keep the copyright in their work unless a contract says otherwise, according to the Intellectual Property Office.
- People's data. UK GDPR applies to the personal data in your records. Many deals rely on legitimate interests, and sensitive records should stay out.
- Records. Buyers want years of history, and providers delete data on fixed timetables once accounts close.
- Transfers. Many buyers are in the US. Personal data can go to certified US organisations under the UK-US data bridge, or under the ICO's international data transfer agreement.
Questions
Do I need a lawyer?
Not to start. Take legal advice before you sign any licence, and earlier if the check shows client contracts or regulatory rules that affect your records.
Can a law firm license its records?
Only with great care. Client material is confidential and often privileged, so only internal operational records with client material removed are likely to be licensable.
Our company is in liquidation. Who answers these questions?
The office-holder, who controls the company's property. Our guide for insolvency practitioners explains the process.