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Who Owns Data?

Xero Data - who owns it?

I had my own company for many years and processed my data in Xero latterly.

I then thought about merging with another similar firm.  That has not worked out and we are no longer merging.  The other firm was given access to my original company Xero data and my subscription, which was free when I had it, was moved onto their Xero license.

The company have now blocked my access to my data and refuse to give me any access to it.  I don’t know who owes me money from my original business, they now have my whole client base, all their contact information and their previous trading history with both my business and the invoices raised during our merging process. (2 months in total).

I have offered to pay the subscription monies they have paid out for the last 2 months and Ihave tried to seek help and guidance from Xero.  Neither have acknowledged my many requests.

Firstly, can they block me from accessing my own historical data?

Does anyone know how/where I would go to get my data back?

 

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By SXGuy
13th Nov 2018 08:29

Would help to know why they blocked your access.

Do you or the company owe them any money?

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13th Nov 2018 08:52

You need a solicitor not an accountant

Thanks (1)
13th Nov 2018 09:36

According to Xero's terms at point 2) you own it as long as you have paid the subscription fee:

https://www.xero.com/uk/about/terms/

Thanks (3)
13th Nov 2018 12:55

I sold my practice and FreeAgent were a nightmare on this point, even though I and the new firm sent emails with the client copied in, if they didn't get positive confirmation from each client they wouldn't move the data and turned off my old account so the client data died entirely. Their argument was that the data within the software belonged to the client so they needed explicit consent under GDPR. Might be able to use this to get your data back?

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By arh
to accountantccole
14th Nov 2018 20:26

Thank you for sharing your experience. This is a total nightmare.

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By SXGuy
14th Nov 2018 18:33

lesson here is. Always export all data before cancelling fees

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By arh
to SXGuy
14th Nov 2018 20:28

I haven’t cancelled my subscription and have paid it and continue to pay it.

And on sage one there is not the option to take a backup or transfer the subscription.

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to arh
15th Nov 2018 11:31

Quote:

I haven’t cancelled my subscription and have paid it and continue to pay it.

And on sage one there is not the option to take a backup or transfer the subscription.

The sage would not even consider subscribing to any software that does not permit backup of your own data to your own systems.

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to SXGuy
15th Nov 2018 10:47

"lesson here", have the ink dry on the contracts first.

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to SXGuy
15th Nov 2018 10:47

"lesson here", have the ink dry on the contracts first.

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