Key Data Protection Risks for Remote Working Businesses

Are your staff homeworking? Remote working has become extremely common for businesses, as it offers employees much more flexibility and convenience and potential cost savings for businesses. However, it also introduces significant data protection challenges, especially regarding ensuring compliance with the UK General Data Protection Regulation (UK GDPR). Data security risks often increase with employees working from various locations out of the office, such as using personal devices or unsecured Wi-Fi networks. This is important and not a point your business can afford to ignore. This article explores critical data protection risks that can arise where your employees work from home and the steps you can take to reduce these risks. 

Is Protecting Personal Data More Challenging With Remote Working?

Remote work is becoming increasingly popular. It offers employees increased flexibility and improved work-life balance. It reduces commuting time and costs, and employees may be more productive in comfortable environments. From a business perspective, remote work can lower overhead costs associated with large office spaces and help attract and retain talent, prioritising work-life balance.

However, these advantages do come with significant data protection risks. The flexibility that makes remote working attractive can also create vulnerabilities that businesses must address to protect personal information and comply with legal obligations. 

Under the UK GDPR, companies must implement appropriate technical and organisational measures to safeguard personal data, which can be more challenging in a remote working environment.

Some risks to be aware of include the following:

• employees working remotely will often rely on personal devices and their home networks, which might not have the robust security measures found in your offices. For example, employees not updating security software on personal devices might become more vulnerable to cyberattacks. Employees might use home Wi-Fi networks or work remotely without strong encryption, making them susceptible to cybercriminals;
• cybercriminals might target remote workers more, for instance, by phishing emails. They can exploit employees by sending deceptive emails or messages designed to leak personal information or gain access to company systems. Without constant reminders and guidance from managers, staff might be more likely to click on suspicious links; 
• remote working increases the risk of losing devices, such as a laptop or phone, when left behind in a coffee shop, leading to unauthorised exposure to personal data and data breaches.

How Can You Mitigate These Data Protection Risks?

Protecting personal data is crucial to safeguarding individuals’ privacy and rights and ensuring their information is not misused or exposed to unauthorised access.

Unfortunately, data breaches and cyber threats are increasingly common, so failing to protect personal data can lead to severe consequences, including identity theft, financial loss, and damage to an individual’s reputation. For businesses, inadequate data protection measures can result in significant legal penalties, loss of customer trust, and reputational harm. Data breaches can also land you in trouble with the UK data protection regulator. 

Therefore, businesses should implement solid policies and procedures to protect personal information when staff work remotely to mitigate these risks effectively.

Here are some key strategies you may wish to implement to better protect personal data where your staff are working from home:

Develop a Comprehensive Remote Working Policy

You could roll out a policy that sets the security requirements for remote working, including rules on secure network usage, device management guidelines, and procedures for reporting security incidents. This policy must comply with the UK GDPR, ensuring that the measures are appropriate and effective.

Enforce a Strict Bring Your Own Device (BYOD) Policy

Similarly to the suggestion above, you could implement a strict policy governing employees’ use of their devices when working remotely. For instance, rules require staff to install approved security software on personal devices they plan to use for work. The policy should also address data encryption, remote wipe capabilities, and secure access controls to ensure compliance with the UK GDPR.

Provide Regular Training on Data Security

You should offer ongoing training to inform employees about cybersecurity threats and how to protect personal data. This can involve training employees to recognise phishing attempts, secure their personal devices and networks, change passwords, and follow data protection policies and principles. 

Regular and updated training is essential so you can remind employees of the rules, especially when working independently from home. Businesses should document their training efforts to show their steps towards compliance, which could help mitigate risks in a data breach.  

Ask Staff to Implement Measures to Protect Personal Data

You can implement various security requirements depending on the nature and risk to the personal data that staff access when working from home. Your business can issue guidance on securing home Wi-Fi networks, such as changing default passwords, enabling encryption, and updating router firmware. 

Consider using Virtual Private Networks (VPNs) for all work-related activities to encrypt data transmissions and protect against interception.  These are some measures your business can take to help protect personal data where your staff are working at home.

Why Should You Be Cautious When Monitoring Staff?

If your staff work from home, monitor them closely to ensure they follow your rules and policies. However, remember that monitoring individuals gives rise to specific legal obligations. The UK GDPR and other laws set various rules regarding how and when businesses can monitor employees. 

For example, you must balance the need for oversight with employees’ rights to privacy and may need to carry out assessments such as a Data Protection Impact Assessment (DPIA). 

Key Takeaways

Remote working introduces significant data protection risks, making businesses more vulnerable to cyber threats and data breaches. To mitigate these risks, companies should develop and enforce comprehensive remote working and BYOD policies that are compliant with the UK GDPR. Regular data security training can also encourage your employees to implement robust technical measures such as VPNs and secure Wi-Fi. 

Monitoring remote staff can be risky, and a business should approach this act cautiously, ensuring compliance with the UK GDPR and respecting employees’ privacy rights. 

If you need help understanding how to protect personal data when your staff are remote working, LegalVision’s experienced data 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.

Frequently Asked Questions

1. Why is data protection more challenging in remote working environments?

Remote working can make it harder to control and secure personal data. Employees may use various devices and networks, increasing exposure to cyber threats which could compromise personal data.

2. What is a Bring Your Own Device (BYOD) Policy?

A Bring Your Own Device (BYOD) policy is a set of rules and guidelines to govern staff using their personal devices (such as laptops, smartphones, and tablets) for work purposes. A BYOD policy can protect the company’s data and allow employees to use their devices.