Data Protection

– Keeping Your Business and Customers Safe
Data protection has become a hot topic in recent years, as more and more businesses are stepping up to better inform their service users and consumers about data collection and privacy issues. The rules surrounding data protection have recently undergone an enormous change, forcing businesses to make adjustments as the regulations around data protection strengthens and better protects residents of the UK and EU.

The introduction of the Data Protection Act 2018 on the 23rd of May 2018 and the General Data Protection Regulation (GDPR) on the 25th of May 2018, has expanded on the previous regulations for data protection that were outlined in the Data Protection Act 1998, and the EU’s Data Protection Directive 1995. While many of the regulations have not changed significantly, the new rules now take into account the role of the modern-day internet in data protection.

Any business or organisation that holds the personal data of any resident of the EU, be it of customers or employees, must adhere to the rules in the GDPR. Understanding where you stand legally with the regulations surrounding data protection, is very important, both for the safety of your customers and for the protection of your business.

Data Processor vs Data Controller – Where Does Your Company Stand?

In the eyes of the GDPR, your business will either be a processor or a controller of data. Both positions have different requirements under the regulations, and its crucial to know what you need to be actively doing as a business to comply with the regulations.

A processor of data is responsible for collecting the data and ultimately, processing it. Normally, the processor is a third party hired by an organisation. They are required to record their activities to prove that they comply with the law and must immediately inform the controller in the event of a breach.

A controller is responsible for ensuring that the processor is compliant with the law. It is the controller who is liable for any breaches during data collection and processing.

Holding Personal Information – What Responsibilities Do Businesses Have?

Data protection is a vital part of operating a business in the UK, or anywhere in the world. If your business holds personal data, then you have a number of responsibilities, above and beyond those involved in the collection and processing of data, or the responsibilities for the control of data collection. Personal data needs to be:

  • Treated in compliance with the laws on data protection
  • Used in limited, relevant ways and for stated purposes
  • Completely accurate and used fairly
  • Not stored for a longer time than what is required
  • Protected against breaches

What Happens When Data is Breached?

Data breaches in the UK saw a decline in 2017, but nevertheless, the amount of data breached is still enormous, with an estimated 33 million personal records breached in 2017. Around the world, data breaches are still a growing problem, putting an extraordinary amount of data in the hands of those with potentially malicious intent.

A data breach can affect thousands or even millions of people at the same time. This can have serious repercussions for the business responsible for the breach, particularly when their data protection prevention methods were not adequate.

To protect your business and the data that it holds, it is essential to gain legal advice from solicitors in London on keeping your business compliant, get support from the best UK solicitors to actively assess the strength of your protection, and make sure that your business information is protected at the same time.

What Legal Assistance Can a Business Get with the Data Protection Laws?

Legal advice from corporate lawyers can help in every area of data protection law and GDPR compliance, giving your business the best chance of protecting data and adhering to the law. You can get legal advice from law firms in London covering aspects of the data protection law, like:

  • The appointment of a data protection officer
  • Marketing and communications
  • Data handling
  • Terms of use, privacy policies, and consent online
  • Issues with data breaching
  • Registrations
  • Contracts, clauses, and agreements
  • Database purchase and sale
  • Subject rights and access requests
  • Process and policies for data protection
  • Data protection complaints
  • The retention and destruction of data
  • The obligations of your business under the laws
  • Audits and assessments
  • Employee training
  • Data control and processing
    If you’re concerned about data protection in your business or need advice on any area of the regulations under the Data Protection Act 2018 or the GDPR, the expert London solicitors at Gulbenkian Andonian are always available to help with professional advice based on decades of experience.