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As a UK business owner, your organisation must comply with data protection laws. The most well-known is the General Data Protection Regulation (UK GDPR). Many UK business owners heed the GDPR’s rules due to the Information Commissioner’s Office’s (ICO) ability to fine UK businesses up to £17.5m for GDPR breaches.
The GDPR is a complex document to understand, and because of this, many UK business owners obtain specific legal advice from expert lawyers. This article will explore whether your company should appoint a lawyer to draft its data protection documentation and any advantages of doing so.
What is the Main Data Protection Law in the UK?
Alongside the Data Protection Act, the GDPR is the main piece of UK data protection law. It sets out various key principles that dictate how UK organisations should handle the personal information of data subjects.
The GDPR and ICO provide a broad definition of ‘personal information’ (otherwise known as ‘personal data’). In short, any information that can help identify a living person counts as such. This means that everything from a car registration plate, written date of birth or CCTV footage comes under the remit of the GDPR.
Who Are the ICO?
Many people mention the ICO in the same breath as the GDPR. This is mainly because the ICO can fine UK organisations up to £17.5 for violations of GDPR rules.
The ICO is quick to hand down hefty financial penalties to UK businesses because it wants the fines to act as a deterrent against treating GDPR rules lightly. Indeed, this was one of its primary purposes when set up by the UK Government.
Fortunately, the ICO provides detailed guidance on its website to avoid unintentional GDPR breaches. Following this guidance has helped many UK businesses avoid unfortunate fines.
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Is it Mandatory for a Lawyer to Draft Data Protection Documents?
The short answer to this question is ‘no’.
However, the longer answer to this question is ‘no, but it can pay to do so’.
There are several reasons why it may be helpful to appoint an expert lawyer to draft GDPR-compliant documents. These include:
- an expert lawyer knows how to draft documents to suit a particular business. Many data protection policies require tailoring to the specific business otherwise, they lack proper effect and may be deemed unsuitable by the ICO;
- a good lawyer can provide an appropriate level of detail within the policies whilst ensuring that it is transparent and understandable to individuals. This is important because the ICO may deem data protection documents as non-compliant and unsuitable if they contain excess jargon and ‘legalise’;
- an expert data protection lawyer can ensure that documentation includes all necessary content. Some data protection policies are only effective if they contain specific information. Failing to do so may result in the document being invalid and having little real effect.
How Could Poorly Drafted Data Protection Documents Affect My Business?
There are three main ways poorly drafted data protection documents could negatively affect your UK organisation.
The first comes because many data protection policies, such as website terms of use or privacy policies, are displayed on your website. Suppose these documents contain errors, have sloppy spelling or formatting or appear copied from another website. Accordingly, customers may question the validity of your site.
The second comes through the document’s main purpose, which is to comply with the GDPR. Any document which fails to contain the relevant information or is not sufficiently tailored to that organisation may be rendered invalid by the ICO. The ICO can class an invalid document as a GDPR breach and provide an unwelcome fine.
Finally, the third reason involves the enforcement of data protection policies. Unfortunately, courts and judges do not welcome sloppy or inaccurate data protection documents. Consequently, they may render them unenforceable within a legal claim. No business wants to rely on privacy documentation that is criticised and rendered void by a judge. Accordingly, it is prudent to instruct a lawyer to ensure fully compliant documents from the start.
Key Takeaways
Our data protection legislation is notoriously complex and difficult to understand. Whilst the ICO attempts to provide understandable online guidance, it is of limited use when it comes to drafting detailed data protection policies. Many business owners obtain expert legal assistance to ensure GDPR compliance and peace of mind.
If you need help ensuring your data protection documents are fully GDPR-compliant, our experienced Data, Privacy and IT lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
Some business owners choose to only use lawyers for the more complex documents, such as data sharing agreements and privacy policies. They may attempt more straightforward policies themselves due to the lower risk of harm if the documents are imperfect.
Some data protection officers may have enough experience to draft documents and policies. Much will depend on your data protection officer’s skill set and experience levels, as some specialise more in enforcing policies than drafting documents.
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