Forum Moderators: IanTurner & engine

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Selling business lists?

is this legal?

         

christopher

10:20 pm on Oct 4, 2004 (gmt 0)



I know Yellow Pages do it, but got a call from County Web and apparantly they sell business lists (contact info). Is this a legal practise?

It's just I wonder if their clients know anything about this - there details being sold and would allow people to spam. No wonder there's all this spamming going on when legit companies start selling info.

Any thoughts Search watchers?

[edited by: engine at 10:36 am (utc) on Oct. 6, 2004]

Dayo_UK

10:27 pm on Oct 4, 2004 (gmt 0)



I wonder.

AFAIK the data protection act does not extend to businesses and just applies to individuals so it may be legal.

Not 100% sure - so if anyone has the definitive answer please chime in...

moltar

10:32 pm on Oct 4, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Most likely when you submit your entry, you agree for them to be able to resell your information. If that is the case, they it is legal.

It is like with most (if not all) credit card companies. When you apply for one, you must agree to allow them to sell your personal information to 3rd parties, otherwise you simply cannot get a CC.

IanTurner

10:42 pm on Oct 4, 2004 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



And just how many people put genuine contact info when they submit to directories?

A known fictitious name will block all the spam following on from this.

moltar

11:02 pm on Oct 4, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



If you are submitting your business to Yellow Pages, why would you put fake contact info? :)

christopher

11:08 pm on Oct 4, 2004 (gmt 0)



Well, when signing up for their basic entry thingy, there was no way any form to ask if i agreed to them possibly listing my details and selling them on.

That's if they will sell my contact info on. But they sent me info about their lists services so, I'm thinking that they do sell/hire contact details.

There is no opt in form thingy when you sign up.

christopher

11:18 pm on Oct 4, 2004 (gmt 0)



It must apply to businesses:

11. - (1) An individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing for the purposes of direct marketing personal data in respect of which he is the data subject.

(2) If the court is satisfied, on the application of any person who has given a notice under subsection (1), that the data controller has failed to comply with the notice, the court may order him to take such steps for complying with the notice as the court thinks fit.

(3) In this section "direct marketing" means the communication (by whatever means) of any advertising or marketing material which is directed to particular individuals.

Looks like you have to ask to be removed first!

regards

Dayo_UK

9:26 am on Oct 5, 2004 (gmt 0)



christopher

Not sure what type of lists that CountyWeb may sell.

But the above points applies to individuals.

If CountyWeb provide a list such as:-

XYZ Company
The Street
Town
County

Then I am not sure the DPA applies, if however the list is

Mr J Smith
The Street
Town
County

Then the DPA definetly applies....

My understanding is also that the DPA applies to data that is relating to Sole Traders or Partnerships. But not Limited Companies, PLC etc

christopher

11:50 am on Oct 5, 2004 (gmt 0)



Rental - Single Use
Lease - 12 month licence
Purchase – outright purchase
This is the info that they provide:

>>2 million business names, addresses, phone numbers.

*********************************************
1.2 million contact names, with addresses and telephone number.
*********************************************

180,000 email addresses of key decision makers
300,000 businesses searchable by turnover – available by calling 0870 756 2844
1 million businesses searchable by employee number – only available by calling 0870 756 2844
10,000 new business records with full contacts every month (on average)
Top companies by county by sales or number of employees.<<
------------------------------------------

Contact names are different from Business names. So contact names would suggest a persons name, title (company role) email contact details etc.

Full contact info? Probably as above.

Could well be illegal, but they are a massive company who floated on the Stock Market etc, are established, so they must have a legal team that advises them on what they can and cannot do - so why are they risking breaking the law? Maybe it isn't illegal in some way, a loophole perhaps?

It's probably a opt-out clause if someone discovers they have their details, and if they request to be removed, then they just remove those details. Thus removing that form of data, avoiding investigation somehow.

I dunno.

engine

10:34 am on Oct 6, 2004 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



There is nothing illegal about selling/leasing or renting lists. It's common practice. There are hundreds, if not thousands of businesses offering lists for sale/lease or rental.

What controls these lists is the use to which they are put. Anyone storing data must comply with the Data Protection Act and anyone wanting to use the data from a list broker should ensure they comply, too. In addition, it should be in line with the publication by DTI of the new Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2004.

When signing up for anything, business or personal, make sure you've read and understood the terms of the agreement and to what use your records are being protected or used.

christopher

1:37 pm on Oct 6, 2004 (gmt 0)



Thanks Engine. I was concerned about getting spammed.