IDG66875 - Procedure for disclosing to others (government): Office of Fair Trading (including Trading Standards)

Why share information with the Office of Fair Trading or Trading Standards?

The Office of Fair Trading (OFT) work to ensure consumers rights are protected and that supplied goods and services meet the require statutory standards. Trading Standards work through local authorities to perform the same functions. Disclosures of information from HMRC to both these organisations are made through the same gateways and using the same procedures.

Ensuring information is shared lawfully

All disclosures of HMRC information must be lawful. Please see IDG40500 for more information on lawful disclosure as provided by the CRCA.

To be lawful, HMRC may only share information with the OFT or Trading Standards through a legal gateway. See IDG44000 for general information about what a legal gateway is. The appropriate legal gateway to use is listed under each type of disclosure to the OFT, or Trading Standards, at IDG66895 to IDG66915.

You must also ensure when passing information to the OFT or Trading Standards that you follow the agreed procedure for disclosures. Details are listed under each type of disclosure to the OFT or Trading Standards, being:

IDG66895Disclosing information obtained under Customs and Excise Management Act (CEMA) or VAT Act (as permitted by the Enterprise Act)
IDG66905Disclosing trademark information under the Trade Description Act
IDG66915Disclosing information relating to consumer safety or enforcement action under the Consumer Protection Act