Sales of customer databases by the trustee in bankruptcy


In Tijdschrift voor Insolventierecht (TvI) 2018/9, Marisanne Martens wrote the article "Sales of customer databases by the trustee in bankrupcy. A confrontation of insolvency law and privacy law."

If a trustee in bankruptcy sells a customer database consisting of personal data on natural persons, they must comply with regulations on privacy law. As of 25 May 2018, privacy law is governed by the General Data Protection Regulation. In this contribution, Marianne investigates to what extent a trustee in bankruptcy is allowed, in view of the GDPR, to sell the customer database of a bankrupt company. A distinction is made between sales of the customer database as part of a restart and sales of the customer database as a separate asset. The potential consequences of a breach of privacy law are also discussed.

You can download the full article below. Please note the article is only available in Dutch. You can of course contact the author of the article for more information. All of our attorneys-at-law speak fluent English and will be happy to help.

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