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PayPal and the Data Protection Act


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mportant Changes to PayPal Accounts in the European Union

 

Currently, PayPal (Europe) Ltd. is the service provider for PayPal in the European Union (the "EU"). PayPal (Europe) Ltd. is a UK company regulated and authorised by the Financial Services Authority (FSA) in the UK as an electronic money institution. This authorisation enables PayPal to provide its service throughout the EU.

 

From 2 July 2007, PayPal Europe Sàrl & Cie, SCA (PayPal Luxembourg) will become the service provider for PayPal in the EU. This is a Luxembourg entity regulated as a bank by the Commission de Surveillance du Secteur Financier (CSSF), the Luxembourg equivalent of the FSA. PayPal Luxembourg will provide the PayPal service throughout the EU.

 

No action is required on your part, and you will be able to continue using PayPal with no changes.

 

Your customer relationship with PayPal

On 2 July 2007, your customer relationship will be automatically transferred from PayPal (Europe) Ltd. to PayPal Luxembourg.

 

New User Agreement and Privacy Policy

From 2 July 2007, PayPal Luxembourg will have a revised User Agreement and Privacy Policy.

 

This User Agreement will help users more easily understand PayPal's terms and conditions and will incorporate many of the policies currently accessed by hyperlinks.

 

Under the Privacy Policy, PayPal Luxembourg will be the data controller of your personal information as of 2 July 2007. In addition, it will provide more details about the third parties to whom PayPal Luxembourg will disclose your personal and account information.

 

If you do not wish to continue your relationship with PayPal, you may close your account at any time by logging in to your account, clicking Profile, and following the instructions from the "Close Account" link. You should make sure you first withdraw the outstanding PayPal balance to your bank account.

 

How does this sit with the provisions of the Data Protection Act preventing my data being taken overseas? Is the only choice I have, to discontinue my relationship with PayPal? Does Luxembourg meet the requirements of the Act as a state with adequate protection for my Data?

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How does this sit with the provisions of the Data Protection Act preventing my data being taken overseas? Is the only choice I have, to discontinue my relationship with PayPal? Does Luxembourg meet the requirements of the Act as a state with adequate protection for my Data?

 

Basically they are telling you what they are doing and if you don't like it you can sod off.

 

Companies like ebay and paypal make that much money they couldn't care less what you think. Its a take it or leave it approach.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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Yes, I have noted the approach. My question was, (paraphrased) is it lawful? Can they do it? Does Luxembourg meet the requirements or have they deliberately chosen a base with poor consumer protection?

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  • 1 year later...

Hi,

I wonder can someone here help me. I have an account with paypal.ie the Irish site. recently i was adding my credit card to my account to pay for ebay items. while waiting for the verification code to appear on my statement, an order i made on ebay went through and naturally tried to deduct the cash from my credit card on my paypal account. but because the card was not verified, paypal detected the attempted deduction and treated it as an unauthorized payment, and then restricted my account use by putting limitations on my paypal account until i could verify a few things. thats fine. so i got the verification code and verified the card, then they wanted a utility bill as proof of address,

 

I sent them one and this was not satisfactory for them. so getting pretty ****ed off at this stage, with people on ebay waiting for there payments, i emailed paypal to which they replied as if from a "Paypal hand book of dealing with complaints", eventually after many idiotic emails and threats of data protection act, they told me that a bank statement with my name and address would by satisfactory for them to lift the limitations on my account. by now i couldn't give a damn about using the account, my main concern is to delete my account and all my personal information including my credit card details on my paypal account, but, i cant delete my account because of these restrictions, which as far as i know, they are restricting my right to delete my own information from there service.

 

Yesterday i sent them a bank statement with my name and address. On my paypal account, i use the first initial of my middle name, and on my bank statement i dont. so now they have emailed me back saying that i have to send them a copy of my passport or drivers license showing my name with the initial for my middle name, as it appears on my paypal account. (anyone that has bothered to continue reading, deserves a medal! cause these paypal people are the most anal i have ever had the misfortune of dealing with)

 

Anyway, as i said, i don't care about using paypals so called services anymore, i just want my right to be able to delete my personal information without sending them more personal information. I want to know if there is anything i can do about it, and if anyone can direct me to an area on the Data protection act that supports my rights!!

 

sorry for the long winded story, but i really needed to get everything in here.

 

Thankful for any help.:confused::confused::confused:

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Nope. And with the EU Money Launderiung rules, it's not just Paypal but every financial institution, solictior, lawyer and even an estage agency/auctioneer. They are being held liable should any customer be 'up to no good', and even if you don;t provide information that results in you successfully opening an account, all your personal information is retained for 6 years in case of checks.

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Yes, I have noted the approach. My question was, (paraphrased) is it lawful? Can they do it? Does Luxembourg meet the requirements or have they deliberately chosen a base with poor consumer protection?

 

 

Yes, the DPA allows transmission of data to any country within the EEA

The data protection principles

 

The principles

 

1 Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless—

(a) at least one of the conditions in Schedule 2 is met, and

(b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.

2 Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.

3 Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

4 Personal data shall be accurate and, where necessary, kept up to date.

5 Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6 Personal data shall be processed in accordance with the rights of data subjects under this Act.

7 Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

8 Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

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