Related Information
Condensed versions
- Guidance on which form to use (Word document) »
- Form A condensed final (Word document) »
- Form B condensed final (Word document »
- Form C condensed final (Word document) »
- Form D condensed final (Word document »
Full versions
- Guidance on use (Word document) »
- Form A - Agreement to proceed and perform a search and the "signpost" to the full wording (Word document) »
- Form B - Consumer clauses - closed user group members (Word document) »
- Form C - Consumer clauses and Agreement to proceed and perform searches - non CAIS (Word document) »
- Form D - Commercial clauses - Commercial closed user group members (Word document) »
- Form E - Opt out wording for lenders wishing to give consumers the opportunity to be assessed in their own right and without reference to data on their partner. (Word document) »
Update 11 June 2009
The condensed versions of the Privacy Notices that have been agreed by the Information Commission are now available.
Update 2 June 2009
Agreement has now been reached with the Information Commission on the recommended wording for Privacy Notices (fair processing notices) for commercial lenders. The changes cover the changes to the Companies Act and also provide for the creation of records on businesses owners.
As before, we ask all lenders to include the relevant information which may vary - depending on the data to be supplied and accessed - but we do not require that the wording is followed word for word if that does not suit the rest of the format of lenders terms and conditions. However, all notices must cover the same information, even if the wording is slightly different.
Introduction
For these purposes the Fair Obtaining clauses is a generic term used by the industry to describe the Data Protection clauses that advise consumers what a lender and a credit reference agency will do with their data.
They also cover the matter of obtaining consent from consumers for the uses so described. Inadequate or incomplete clauses may prevent an organisation from accessing or using data - either their own or that held at credit reference agencies.
Part of the Third Party Data Agreement was that all users of credit reference agency data would overhaul their consent clauses. The purpose was to ensure that they were transparent and covered all the current and potential uses to which we as an industry would seek to utilise this information.
A set of model clauses were agreed with the Information Commission by one of the major Banks and were made available to others to use as a basis for their wording. Since then further discussions have taken place between Experian and the Information Commissioner's Office and revisions published from time to time.
The wording and delivery of "fair obtaining" clauses is not prescribed by the Act or the industry and there has always been a degree of flexibility for organisations to set their own wording as long as they cover off the activities that they and the credit reference agency wish to undertake. We are advised to "Say what you do and do what you say".
Many organisations do however use either their own trade association wording or that offered by a credit reference agency as basis for their own. To assist clients in compiling their clauses Experian has offered a "standard" wording for organisations to use as a base. The wording that was originally agreed during the third party data discussions is now out of date and should not be used.
Guidance on clauses - how to use condensed or full wording
Lenders may choose to offer the full wording up front or to adopt a layered approach offering a condensed version to all applicants with the option to find out more for those that are interested.
Guidance on how to decide which form to use is also available.
Lenders using a layered approach must also give all their applicants the opportunity to obtain the full wording. This may be achieved by offering access through a number of routes but in general only those lenders offering products exclusively via the www may only offer this option. Normally lenders should offer a choice of www and asking a member or staff of calling or writing to a designated telephone number/address.
- Guidance on which form to use (Word document) »
- Form A condensed final (Word document) »
- Form B condensed final (Word document »
- Form C condensed final (Word document) »
- Form D condensed final (Word document »
New Fair Obtaining Clauses - Full
We are pleased to announce that following extensive discussions with CIFAS and with advice from the Information Commission new standard wording is now available for use by lenders. This wording meets the requirements of CIFAS that come into effect by the end of 2006.
As before the wording is offered as a guide but the content should be covered.
This version covers the full wording and a condensed version is being compiled for release as soon as possible. Lenders that decide to use a condensed wording will be required to offer a full wording for those consumers that want more information.
- Guidance on use (Word document) »
- Form A - Agreement to proceed and perform a search and the "signpost" to the full wording (Word document) »
- Form B - Consumer clauses - closed user group members (Word document) »
- Form C - Consumer clauses and Agreement to proceed and perform searches - non CAIS (Word document) »
- Form D - Commercial clauses - Commercial closed user group members (Word document) »
- Form E - Opt out wording for lenders wishing to give consumers the opportunity to be assessed in their own right and without reference to data on their partner. (Word document) »
Disclaimer: The information contained on this webpage is provided for general guidance only. It is not intended to provide you with professional advice nor is it intended to substitute you obtaining professional advice.