Q&As

What are the risks of an organisation keeping an internal list of blacklisted companies and/or individuals with whom it does not wish to do business on the basis of information received from third parties or from its own research?

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Published by a ÀÏ˾»úÎçÒ¹¸£Àû Information Law expert
Published on: 15 February 2017
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In answering this Q&A, we have limited our research to cover data protection, defamation, restrictive agreements in competition law and the Employment Relations Act  1999 (Blacklists) Regulations 2010, SI 2010/493. In conducting our research we have assumed that the organisation is not a public authority or otherwise subject to any public procurement regime.

Data protection

If the information within the list relates to a living individual, the Data Protection Act 1998 (the DPA 1998) may apply. The DPA 1998, governs the processing of personal data in the UK and it obliges those handling such data to comply with eight data protection principles.

For more information, see Practice Note: Data protection—background and key definitions and in particular the sections on Data, Personal data, Processing and Relevant filing system.

If the DPA 1998 applies to the internal list, we refer you to the following

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Blacklist definition
What does Blacklist mean?

Leveraged finance facilities agreements will often impose conditions on lenders transferring their commitments. In the US in particular, this may include a restriction on transfer to any financial institution contained in a separate 'blacklist'. Institutions named on the blacklist will typically be comprised of institutions that the sponsor thinks will not be supportive in the event the business gets into financial difficulties.

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