Practice Areas
Data Protection
Overview
Every business in the UK has to comply with UK data protection legislation when processing personal data, whether in relation to employees, customers or individuals. Those requirements are largely governed by the Data Protection Act 2018 and the UK version of the EU General Data Protection Regulation.
Failure to meet the required standards can incur serious consequences. These might include financial and other sanctions from the Information Commissioner’s Office, reputational damage and exposure to fraud and cyber crime.
We help you to understand how data protection legislation affects your business and what you need to do to be compliant and to mitigate risk.
Do you need to register with the Information Commissioner’s Office? Do you need to appoint a Data Protection Officer? What do you need to do if an individual sends you a Subject Access Request? We can assist with these and any other issues that may arise. We can advise on a more general basis as to what systems and policies you should have in place to ensure you comply with your obligations when it comes to the processing of personal data.
Whilst we always aspire to help you avoid problems from arising, if a data breach does occur, we can help you manage the situation and minimise any consequential risks and disruption to your business.
If you are an individual, we can advise you on your rights and the remedies available to you if your data protection rights have been breached.
Data Protection
Service Highlights
Please click on a service highlight to learn more about how we help with these matters. If you have any questions or would like to discuss further, you can contact us using the contact form below.
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Website privacy and cookies policies
Significant amounts of personal data are collected and processed over the internet and such processing is subject to strict controls. We can help you remain compliant in the online world and provide tailored and GDPR compliant privacy policies, cookie policies and website terms to meet the needs of your business.
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Contractual agreements
Contracts arrangements between parties normally require some exchange of personal data and it is important to ensure the contracting parties have suitable protections in place to control the exchange and use of such data. We advise the owners and processors of personal data on appropriate provisions and, where personal data is being transferred outside of the UK, on the additional criteria that will have to be met before the data is transferred.
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Marketing
Most businesses market their products and services in some way and different types of marketing are regulated in different ways. The Advertising Standards Authority, the Information Commissioner’s Office and the Data and Marketing Association all have extensive regulations which may have to be followed depending on your plans. We have years of experience in this field and can advise you on the do’s and don’ts on all aspects of marketing.
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Breach reporting and subject access requests
Where a breach of the data protection law occurs, a business may, depending on the circumstances, need to report the breach to the Information Commissioner’s Office. We can help assess whether a report is required and, if it is, how best to structure it.
With certain limited exceptions, a business must provide an individual on request with details of the information which they hold about that individual. This is known as a Subject Access Request. We can assist individuals make such a request and help businesses respond to a request in a compliant manner.
Requirements in both areas are complex and we provide both general guidance on the rules and urgent advice if things go wrong.
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Freedom of information
The Freedom of Information Act 2000 provides public access to information held by public authorities, which includes a wide range of different organisations. Determining what information needs be disclosed is not always straightforward, and we can assist you if you are an individual wanting to make a Freedom Of Information request or an organisation that needs to respond to one.
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