GDPR advice

The European Union’s new General Data Protection Regulation (GDPR) will come into force on 25th May 2018 and all businesses in the United Kingdom, who handle personal data, will need to comply with the new legal framework.

The government has confirmed that the UK’s decision to leave the EU will not affect the commencement of the GDPR.

With time ticking to bring your business into a state of compliance with this new regulation, it is crucial to start preparing as soon as possible and as such you may wish to speak to a trained GDPR solicitor.

Key points to consider

Valid consent to using personal data

The requirements for consent will be tightened with the introduction of the GDPR. Clear positive consent will now be required. Silence or pre-ticked boxes on your website will not constitute valid consent from a customer. You will also have to give the customer the right to withdraw their consent at any time. In practice, this will mean that you should allow your customer to withdraw consent using the same method that was used to obtain it in the first instance.

Special categories of personal data

Most businesses are already familiar with the concept of ‘sensitive data’ from existing data protection legislation. ‘Sensitive data’ includes information concerning racial or ethnic origin and health generally. There are other categories of information too, but newly added to the list will be genetic and biometric data.

Governance

New obligations will be imposed on you to show that you have considered and integrated compliance measures into your day to day practices. This may mean adopting appropriate data protection policies, staff training and appointing a data protection officer. Importantly, for the first time you have to prove you comply with your obligations under the GDPR by keeping appropriate records.

In a significant departure from existing legislation, the GDPR will require you to have formal contracts with any service providers who process personal data on your behalf – and ensure they comply with their obligations under the GDPR. Equally, if you are processing data on behalf of a third party, the GDPR will place specific legal obligations on you for the first time and make you liable for breaches that you are responsible for.

Right to erasure

More commonly known as the ‘right to be forgotten’, whilst not absolute, it will give data subjects the right to have their personal data erased in specific circumstances – such as where the personal data is no longer necessary for the purpose for which it was originally collected or processed.

Data breach notification

If you accidentally or unlawfully destroy, lose, alter, disclose, or give access to, personal data a requirement to notify the Information Commissioner’s Office will be triggered depending on the nature of the breach. This is a new requirement. You may be tempted not to notify to avoid any bad publicity, however failure to notify risks an administration fine of up to €10,000,000 or two per cent of the total worldwide annual turnover in the preceding year – whichever is higher.

For the most serious breaches the penalty is doubled to €20,000,000 or four per cent of total worldwide revenues.

About our GDPR solicitors

Our expert lawyers work with businesses to put the best data protection systems in place to comply with the GDPR regulations. Our team drafts detailed compliance policies setting out a business’ attitude to the GDPR and the steps that need to be taken to properly collect, store and safeguard relevant data.

  • "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

For more information about Nelsons’ data protection services for businesses, email us or call 0800 024 1976 for a guaranteed response.

Find out how Nelsons can help you. Contact our friendly team for a guaranteed fast response.

For advice and support 0800 024 1976