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The UK General Data Protection Regulation (UK GDPR) sets out the fundamental legal framework governing the use of personal data. The law catches virtually all businesses, as businesses of all industries and sizes tend to use some form of personal information. Compliance with these rules is not a ‘tick box’ exercise businesses can fulfil once and then forget about. Companies must continue to review their compliance and ensure their data processing activities align with the UK GDPR rules. Regularly working with an experienced data protection solicitor can help businesses monitor compliance with data protection law rules. This article will explore why your business should take ongoing legal advice on UK GDPR compliance.
Why Should You Keep Up to Date with Data Protection Laws?
Data protection is a fast-paced and changing area of law, constantly evolving with new guidance being released from regulators. As such, staying current on new developments is vital for businesses. For instance, if the UK data protection regulator issues new guidance on best practices for businesses, a company will need to review and follow it.
Compliance with the UK GDPR is an ongoing journey. A business often develops over its lifecycle and uses personal data in various ways. In such cases, it should update its compliance to align with the UK GDPR rules over time. For instance, your business may begin to carry out automated decision-making using personal data or start to work with new overseas suppliers, meaning you engage in international data transfers for the first time. As such, you may need to implement new processes and procedures to comply with the UK GDPR rules.
Why is Ongoing Legal Advice Important?
The UK GDPR is not a one-time compliance exercise. Instead, it must be an ongoing commitment to responsible data practices in your business.
Data protection lawyers are legal experts who can help you stay up to date with data protection law rules and ensure that your business is compliant on an ongoing basis.
Data protection lawyers can do this by informing you about data protection law developments that may impact your business and its operations. By regularly speaking to a lawyer about your data processing activities, they can advise you on the actions your business must take to comply with the law.
Working with an experienced data protection solicitor can offer a range of significant benefits for your business, including:
- helping you manage potential privacy risks early before they become problems. For instance, by advising you on new data protection security measures or risk assessments you may need if you are planning to launch a new product or service which poses a high risk to individuals;
- giving you peace of mind that you have the support of a data protection law expert to keep you updated on any legal changes vital for your business to comply with. This can also help instil confidence in your business. For instance, if your business customers, whom you act as a processor on behalf of, know you have a dedicated legal privacy team to ensure your business is compliant; and
- protect your business from risk by helping you develop various documents and procedures to demonstrate compliance and accountability with the UK GDPR rules. This can minimise the risk of enforcement action and fines from the data protection regulator.
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How Can Ongoing Legal Advice Help My Compliance?
A data protection lawyer can help your business work towards compliance at an early stage and throughout its business journey. After you have taken initial advice, ongoing legal advice can assist with your compliance efforts in various ways.
Some of the most beneficial ways are as follows:
Reviewing Your Compliance with Regular Audits and Reviews
Your business should conduct regular internal audits to assess the effectiveness of your data protection practices and compliance with the UK GDPR. This is a crucial way data protection lawyers can offer support. These audits can identify potential compliance gaps and allow you to take corrective action promptly. For instance, your lawyer may recommend implementing new policies and procedures to reflect new data collection activities.
Checking Your Policies Are Still Up to Date
Data protection laws, rules, and guidance are constantly evolving, so your policies must be reviewed and updated accordingly. Further, many businesses change the way they process personal data from time to time.
For instance, to ensure your documents are up to date with changes in the legal landscape or your business data processing operations. If you do, your documents may stay within compliance standards.
Delivering Regular Training
Implementing regular staff training on data protection is vital for UK GDPR compliance and to avoid problem issues such as data breaches. Lawyers can provide guidance on developing training materials and running interactive sessions to ensure that your current staff understand their responsibilities and how to comply with data protection laws effectively.
Answering Your Data Protection Questions and Delivering Strategic Advice
Beyond day-to-day compliance tasks, ongoing legal advice can offer strategic guidance on navigating complex compliance issues and problem areas. This may include advice on implementing privacy by design principles and conducting data protection impact assessments. Advice may also include negotiating data processing agreements with third parties.
This factsheet sets out how your business can become GDPR compliant.
Legal advisers can also answer urgent questions on critical data protection issues. One example is how to respond to a data breach or subject access request.
Key Takeaways
Ongoing legal advice is vital for navigating UK GDPR compliance. It will help you ensure that your business stays updated on developments in the law. Lawyers can help you in several ways. For instance, they can conduct regular audits to identify gaps, keep policies up to date, ensure staff are trained and reminded of data protection law obligations regularly, and offer strategic guidance on critical data protection questions. This proactive approach can help mitigate data protection law risks. It can also help your business continuously comply with the mandatory UK GDPR rules.
If you need help reviewing your UK GDPR compliance, LegalVision’s experienced privacy 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.
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