Data Protection Act and software suppliers

Data Protection Act and software suppliers

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We periodically log support requests with our software suppliers, ie when client data goes FUBAR. This process typically involves our sending the client data file to the software supplier for analysis and correction.

In the absence of any express or general permission provided by client, would that submission constitute a breach of DPA? We have a confidentiality agreement with the software supplier, but I am not convinced that is sufficient.

Do other accountants have a general authority to do this within their standard letter of engagement, and would that be effective to contract out of the DPA on that aspect? We have a suite of letters of engagement bought "off the shelf", which we edit as necessary, but they contain no reference to this authority in the basic template.

Clint Westwood

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