Data Protection Advice
Protecting customer data is crucial for businesses of all sizes. With complex regulations like UK GDPR and the Data Protection Act 2018, non-compliance risks hefty fines and reputational harm. Our expert legal team provides tailored advice to ensure your business stays compliant, avoids breaches, and handles ICO investigations.
Whether you are a startup or a growing business, protecting your customer data is vital. How you use, share, and store customer data is regulated by an array of protocols, including the UK GDPR, Data Protection Act 2018, and the ePrivacy Regulation, not to mention the Data Protection and Digital Information Bill (No.2) currently making its way through Parliament.
Get it wrong and you could face Information Commissioners Office (ICO) enforcement, as well as reputational damage caused by negative publicity.
How can we help?
At SMEComply, we believe that taking expert data protection advice is one of the smartest moves a business can make. Our data breach solicitors help you understand your legal obligations, reduce the risk of data breaches, and put practical, effective processes in place to keep your business compliant. Our support not only protects your reputation but also builds trust with your customers—giving you the confidence to grow your business securely and responsibly.
If you are currently in a data breach predicament, we have a legal team composed of highly trained and experienced professionals who can represent you in the ICO investigation.
- Your obligations under the current Data Protection Act 2018
and UK GDPR - Data breach issues, including reporting
- Drafting data protection policies and processes
- Your data processing and sharing agreements
- Due diligence when appointing new suppliers
- Subject access requests and other subject rights under GDPR
- Electronic communications and marketing
- Data protection impact assessments (DPIA) and audits and UK GDPR
- Staff training
- Data export issues with countries outside of the EEA that do not provide ‘an adequate level of protection’ such as:
- Contractual agreements and data protection clauses to protect your business
- Standard contractual clauses
- Transfer Risk Assessments
- International Data Transfer Agreements
- UK-US Data Bridge
ICO Representation
A data breach or Information Commissioner’s Office (ICO) investigation can have far-reaching consequences for both your business and your reputation. Seeking early intervention from a specialist, such as our data protection solicitors, is essential. The ICO has the power to impose exceptionally large fines in respect of the breach of data protection law as well as the right to issue an Enforcement Notice, restricting data use.
We Can Help If
- You are subject to an ICO investigation.
- You have been requested to provide information to the ICO, whether by Information Notice, Assessment Notice (audit) or search order.
- The ICO has identified data protection breaches and a regulatory outcome is being considered, such as an undertaking, Enforcement Notice or fine (Monetary Penalty Notice).
What We Can Do
In the event that you are required to provide information under a search order, Information Notice or Assessment Notice, our data breach solicitors will ensure that only the relevant requested information is provided.
Where possible, we’ll liaise and negotiate with the ICO to reach an early resolution of all issues. Depending on the severity of the incident, the ICO may be amenable to an informal investigation, rather than more formal enforcement action.
If you face allegations of a criminal nature, then our data protection solicitors can also help. We can arrange for the representation of individuals being interviewed under caution and individuals under investigation by the police and other regulatory bodies, including the ICO.
While our data breach solicitors can often avoid a subsequent prosecution or conviction, there are cases that will end up in court. In the event that you are charged with an offence and required to attend court, we have access to a large network of barristers who can represent you. They have extensive experience across a range of sectors and an in-depth understanding of the complexities of data protection law.
For data protection advice and guidance about your situation, please contact us.
Why Us?
- Tried and tested model
- Legal as well as business qualified
- As solicitors we have rights of audience for court and tribunal proceedings
- Fixed fees so you remain in financial control without worrying about unexpected legal bills
- No long-term commitments – use is as and when required
- Access to a pool specialist Legal Counsel if required
- Your own dedicated solicitor
- Contactable 7 days a week
