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Most business owners know that the General Data Protection Regulation is the main piece of UK data protection law. This is likely because of the media attention given to the fact that the Information Commissioner’s Office (ICO) can fine UK organisations up to £17.5m for breaches. This article will detail how expert legal advice on GDPR compliance can help provide you with peace of mind when running your UK business.
What is the GDPR?
The General Data Protection Regulation (UK GDPR) is the home of critical data protection rules for UK organisations. However, most UK businesses wish to avoid GDPR breaches to prevent the risk of fines from the ICO.
Whilst the GDPR contains many rules, it focuses on seven fundamental principles, including:
- Accuracy: all personal information should be kept up-to-date;
- Accountability: your company is responsible for all data protection breaches regardless of whether they were unintentional;
- Integrity and Confidentiality: your business must keep personal information secure and protect it from unauthorised access;
- Data Minimisation: you should only collect as much information as is relevant to the running of your business;
- Purpose Limitation: your business should only use personal data for the reasons given upon collection from the relevant individual;
- Lawfulness, Fairness and Transparency: this principle focuses on the importance of following GDPR rules and reporting data breaches on the ICO website; and
- Storage Limitation: your company should ensure it does not keep personal data longer than necessary by promptly deleting information upon it becoming irrelevant.
The seven fundamental GDPR principles are wide-ranging. Nevertheless, many businesses accidentally breach them. Let us consider three ways expert legal advice on the GDPR can provide your UK business peace of mind.
1. Limiting ICO Fines
The ICO is an independent body set up by the UK Government to encourage compliance with data protection rules. It does so in two main ways:
- by publishing online guidance on the best ways to comply with the GDPR; and
- by handing down financial penalties to organisations that breach GDPR rules.
Given the existence of GDPR guidance on its website, the ICO is unsympathetic to UK businesses that breach GDPR rules.
If your business is struggling with these requirements, expert legal advice can help your business comply with GDPR rules and avoid ICO fines.
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2. Ensuring the Safe Use of CCTV
Most UK businesses utilise closed circuit television (CCTV) systems within or outside their premises.
The GDPR and ICO set out detailed rules on safe CCTV usage. Specialist data protection lawyers can guide you through the main rules regarding CCTV usage, which include:
- the placement of easy-to-spot CCTV warning signage near cameras;
- swift deletion of irrelevant and outdated CCTV footage;
- the need to securely store all CCTV recordings; and
- the need to carry out periodic Data Protection Impact Assessments.
A lawyer will be able to guide you through the safe introduction of a CCTV system and the carrying out of relevant Data Protection Impact Assessments.
3. Ensuring Appropriate Data Breach Reporting
However, what counts as a ‘relevant personal data breach’ is not always obvious. Accordingly, this is where an expert lawyer can help assist your business. A lawyer is likely to advise that your organisation should refer itself to the ICO when both of the following statements are true:
- you have discovered circumstances akin to a ‘personal data breach’, such as cybercriminals stealing personal data; and
- the breach is likely to result in a ‘risk to people’s rights and freedoms’, for example, due to the risk of identity theft to those individuals.
The exact definitions of these phrases are challenging to understand, and this is where an expert lawyer can help you break through the legalise and advise on the next steps.
Furthermore, the ICO will not overlook failures to declare personal data breaches. Such behaviour is likely to lead to a fine. In this way, a lawyer’s advice will likely be of good value to your company and provide peace of mind.
Key Takeaways
Obtaining expert legal advice can help your company avoid a hefty ICO fine and achieve peace of mind regarding data protection requirements. This is particularly relevant given the legalese and jargon contained throughout the GDPR, which can be challenging to interpret without data protection expertise.
If you wish to achieve peace of mind regarding GDPR compliance, 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
Whilst a DPO can help with administrative tasks, data protection solicitors have an in-depth understanding of data protection principles and specialist documentation. It is worth considering expert legal advice if your company faces a complex data protection situation.
The ICO expects UK businesses to delete printed information through a secure shredding method and collection by a reputable document disposal company. Concerning digital data, you can utilise specialist digital deletion software (and ensure you also delete all backup copies).
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