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The Data Protection Act 2018 and UK GDPR: Key Strategy for Compliance 

Table of Contents

In Short

  • Generic approaches will not suffice due to the broad scope of the DPA 2018 and UK GDPR. A detailed data audit and gap analysis is crucial to identify and address compliance gaps.
  • Prioritise actions like appointing a data lead, drafting policies, implementing security measures, and training staff.
  • Data protection lawyers can help tailor a compliance strategy, manage risks, and ensure thorough adherence to legal obligations.

Tips for Businesses

Conduct a data audit to map your personal data flows and identify compliance gaps under the DPA 2018 and UK GDPR. Develop a clear action plan addressing critical gaps like lawful processing bases, privacy policies, and security measures. Consider seeking professional legal advice for a tailored compliance strategy to reduce risks and ensure all obligations are met.

The Data Protection Act 2018 (DPA 2018) and the UK General Data Protection Regulation (UK GDPR) establish wide-ranging rules for how your business must handle any personal data you process. These laws are broad in scope and have a range of nuances and technicalities. Their complexity means that a generic approach towards compliance is often insufficient, as each business has unique compliance requirements based on the type of data it processes and how it uses that data in practice.

As such, your company should thoroughly review its data practices through a detailed data audit and gap analysis to ensure compliance. By taking this approach, you can ensure that you have correctly addressed all necessary compliance actions. This article explores how your business can form a tailored strategy for compliance with the DPA 2018 and UK GDPR through a detailed gap analysis exercise. 

Why Does Data Protection Compliance Need Careful Analysis?

The DPA 2018 and UK GDPR set broad rules to govern every organisation and individual handling personal data, regardless of size or industry. These laws regulate a wide range of activities involving the use of personal information.

The broad scope of these laws means that your business must assess its unique data processing activities to determine what compliance actions it needs to implement. Small businesses processing limited personal details may have fewer obligations than large multinational businesses carrying out activities such as profiling and processing sensitive information about children. 

The ICO enforces these laws as the UK’s data protection authority, making compliance critical. Failure to comply with data protection laws can result in enforcement action by the ICO. This can include:

  • fines;
  • reputational damage; and
  • loss of trust.

As such, it is vital to analyse your obligations correctly to ensure your business implements the correct steps. 

How Can Your Business Conduct a Data Audit and Gap Analysis?

A thorough data audit and gap analysis are key first steps towards compliance. These tools will identify your data processing and flows and flag any weaknesses or gaps in your business’s compliance. 

They will then allow you to plan your corrective actions (the steps to tackle compliance). In short, these processes will enable you to evaluate your personal data handling against the requirements of the DPA 2018 and UK GDPR, giving you a clear picture of your legal obligations.

Key Aspects

Some key aspects of this exercise typically include the following:

  • you should map out all personal data your business collects, processes, and shares. You should document the sources of this data, where it is stored, how it is used, and who has access to it – essentially mapping your ‘data flows’. This step provides a clear picture of your data use and highlights areas of potential risk;
  • determine whether your business acts as a data controller or processor. A controller determines the purposes and means of processing, yet a processor acts on behalf of the controller. This distinction will dictate the extent of your compliance obligations. While most obligations and liability under UK GDPR rests with controllers, processors also have direct obligations. As part of this exercise, you will be able to determine whether you control the personal data you process or not; and
  • review the systems, policies, documents, and procedures your business uses and align them with the UK GDPR requirements – this is often where the hard work lies. This includes checking if you have allocated responsibility for compliance, need to update or draft new documentation, have appropriate security measures to protect personal data, and have trained your staff on their obligations to protect personal data.

A gap analysis will essentially compare your current data protection practices against the requirements of the DPA 2018 and UK GDPR. Any areas of non-compliance should be prioritised. Your business should then develop a detailed action plan to address these gaps and build a compliance plan. 

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What Steps Should Your Business Take After a Gap Analysis?

Once the gap analysis is complete, your business should implement a robust compliance plan. This can tackle all necessary mandatory DPA 2018 and UK GDPR action points. Your compliance plan should clearly specify the actions needed to address identified issues and maintain ongoing compliance.

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Common Action Points

Common action points for compliance (especially for start-ups or businesses new to data protection) can include:

  • addressing critical issues as a data controller, such as allocating a data protection lead or DPO where required, publishing compliant privacy policy documents, registering with the ICO (if required), and determining and documenting a lawful basis for processing each type of personal data; 
  • revising or drafting and rolling out key policies to help the business comply with the DPA 2018 and UK GDPR requirements. For example, a data protection policy and data breach response plan
  • implementing or enhancing your ‘technical and organisational measures’ to improve data security. This could include adopting encryption technologies, strengthening access controls or conducting regular penetration testing; and 
  • providing regular training sessions to employees and other staff on their responsibilities under data protection laws.

While these are common actions, the exact compliance requirements depend on the nature of your data processing activities. Your business must review its obligations thoroughly to ensure all necessary steps are covered.

How Can Data Protection Lawyers Support Your Business With Compliance?

Navigating the complexities of the DPA 2018 and UK GDPR can be a big challenge for businesses that are unfamiliar with data protection laws and, in fact, somewhat overwhelming. A data protection lawyer can guide your business through the process by conducting a tailored data protection audit. They will ask specific questions about your data processing activities. This can help identify actions your business must take to ensure compliance with DPA 2018 and UK GDPR.

A lawyer will take the time to understand your business’s unique compliance requirements and help you develop and implement a strategy tailored to reduce risk. They can also help you prioritise compliance steps from high to low risk, manage the project, and work with you to get it right.

Compliance with data protection laws is not a one-size-fits-all approach. Lawyers can ensure your business effectively identifies and implements all necessary steps. This gives you peace of mind that all bases are covered and you have not missed any key compliance actions. 

In addition to legal advice, businesses can review the ICO Accountability Framework to help them meet their data protection responsibilities. This practical framework is designed to help companies assess their compliance and improve governance. 

Key Takeaways

The DPA 2018 and UK GDPR require your business to take a tailored approach to compliance. A one-size-fits-all strategy is rarely effective. Conducting a comprehensive data audit and gap analysis is a key strategy to help your business identify weaknesses in its data protection practices and develop a bespoke plan to address all necessary compliance actions.

If you need help understanding your data protection obligations, our experienced data, privacy, and IT lawyers are here to help. As part of our LegalVision membership, you can access lawyers who can answer your questions and review your documents for a low monthly fee. Call us today on 0808 196 8584 or visit our membership page.

Frequently Asked Questions

What is personal data under the UK GDPR? 

Personal data includes any information related to an identified or identifiable individual, such as names, contact details, and a wide range of other information. 

What does registering with the ICO and paying the data protection fee mean? 

Most data controllers in the UK must register with the ICO and pay a data protection fee unless they qualify for an exemption.

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Sej Lamba

Sej Lamba

Sej is an Expert Legal Contributor at LegalVision. She is an experienced legal content writer who enjoys writing legal guides, blogs, and know-how tools for businesses. She studied History at University College London and then developed a passion for law, which inspired her to become a qualified lawyer.

Qualifications: Legal Practice Course, Kaplan Law School; Graduate Diploma in Law, Kaplan Law School; BA, History, University College.

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