Tuesday, July 19, 2005

Better include an assignment clause in your agreements

In a new finding under PIPEDA, the Assistant Commissioner was satisfied that a bank had discharged its obligations under PIPEDA when it sold its credit card portfolio to another bank. The original and new cardholder agreements contained a clause that said the bank reserved the right to assign its rights under the cardholder agreement and to transfer personal information to a purchaser. See: Commissioner's Findings - PIPEDA Case Summary #307: Customer alleges that sale of his personal information by one bank to another occurred without his knowledge and consent - July 14, 2005.

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