Passing on responsibility for criminal offences


This Scottish case suggests that there are certain limits to a well-established principle of English law which prohibits criminal penalties being passed to another, insurance being taken out against the risk of such penalties or seeking an indemnity against having to pay penalties (the so-called ex turpi causa principle).  It was decided that in some circumstances a third party could find itself liable for another’s criminal penalty.

This issue is particularly pertinent in the context of data protection where data controllers often attempt to ensure that data processors are liable to indemnify them in respect of any fines that they suffer as a result of the data processor’s breach.



Points to note:

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