New guidance has been published by the Information Commissioner’s Office and is designed to help employers comply with their obligations under the Data Protection Act 1998 (“DPA”) when they are obliged to provide information about their employees under the Protection Act 1998 (“DPA”) when they are obliged to provide information about their employees under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”).

In TUPE, the transferor employer must provide to the transferee details of the employees to be transferred including details about the employee’s identity, the terms and conditions of employment and any disciplinary or legal action brought in the two years before the transfer.

The Good Practice Note states that employers can supply this information when required by TUPE as it falls into an exception of the DPA as it is required by law but both parties must ensure that they comply with the data protection principles when handling this data. This means that the data must be up to date, accurate, secure and only used for the purpose of TUPE.