Safeguarding your business' data
Data protection laws regulate the way in which organisations collect, store and use personal data. The rules can be complex, but businesses can’t afford to get them wrong. We can provide expert data protection solicitors to give advice and ensure the safeguarding of relevant data.
Most businesses hold information about staff, clients or customers. People whose information is being held are entitled to know what that information is, who is holding it and how it will be used. They can ask to see the information and to have any incorrect or misleading details corrected.
Where information is classed as ‘sensitive’, such as a person’s racial or religious status, the rules are stricter, only allowing organisations to use it where essential.
Where there are data protection breaches, the Information Commissioner’s Office has the power to fine businesses up to £500,000 in the most serious cases. Prison sentences can be imposed where there have been deliberate or negligent leaks of customer data. There can also be risks to reputation when a business has misused personal information.
About our Data Protection Solicitors
Our specialist lawyers work with businesses to put the best data protection systems in place. We carry out data protection audits and advise on training staff to comply with rules. Our team drafts detailed compliance policies setting out a business’ attitude to data protection and the steps that need to be taken to properly collect, store and safeguard relevant data.
Where data security has been breached, our lawyers liaise with the Information Commissioner’s Office (ICO) on behalf of clients to help control and limit any negative effects on the organisation. They also work with public and private sector clients to deal with freedom of information requests and complaints to the ICO.
We can also assist with drafting restrictive covenants to protect your business’ data. Businesses entrust staff with sensitive commercial information and while this is generally respected, problems may arise if an employee leaves the company to join a competitor or set up a similar business of their own.
A restrictive covenant could well be the disincentive they need to share your company’s data. These are clauses in employment contracts which restrict an employee’s ability to compete, use confidential information, or have certain dealings with a business’ clients or staff once they have left their job.
Our lawyers take care to draft restrictive covenants which are appropriate, reasonable and stand the best possible chance of being considered enforceable by a court. With the right restrictive covenants in place, a business can be sure that it’s done all it can to prevent a former employee from breaching confidentiality. If the breach does happen, the business has a sound set of covenants to rely on in injunction proceedings or a damages claim.
"Nelsons Solicitors Limited...advises private domestic and international companies on their cross-border technology projects. Data protection is another aspect of the practice, where the team handles data security breaches, provides regulatory advice and designs risk-management strategies."Legal 500