Introduction

In this section, the term "Company" refers to the business which is subject to an insolvency or restructuring regime (each of these being an "Insolvency").

Certain directors at Teneo Restructuring Limited are licensed to act as insolvency practitioners by the Institute of Chartered Accountants in England (the "Teneo Insolvency Practitioners"). When a Company is subject to an Insolvency, one or more Teneo Insolvency Practitioners may be appointed as an insolvency officeholder to manage the Company's affairs, business and property.

Roles of Teneo Insolvency Practitioners, Teneo and the Company

In data protection law, "controller" and "processor" are defined terms:

• a controller is an individual or legal person who decides how and why personal data is processed.  A controller is in control and is responsible for the collection, keeping and use of personal data; and
• a processor is an individual or legal person (other than an employee of a controller) which processes personal data on behalf of a controller.

The controller of personal data that has been collected or created before the appointment of Teneo Insolvency Practitioners is the Company. Once Teneo Insolvency Practitioners have been appointed, they act as agents for the Company in fulfilling the role of managing the Company’s affairs, business and property. The Company therefore remains the controller of personal data collected and processed in this regard.

The Teneo Insolvency Practitioners may be the controller of certain personal data collected or processed after their appointment pursuant to their legal and regulatory obligations as insolvency officeholders.

Where Teneo is engaged to provide services relating to an Insolvency, Teneo may act as a data processor on behalf of the Teneo Insolvency Practitioners or the Company (as appropriate).