Whether you are a startup or a growing business, the protection of 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) making its way through Parliament at the minute.
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 with data protection issues?
Our legal team is composed of highly trained and experienced professionals that are able to assist you in all aspects of data protection compliance, with the aim of preventing breaches and violations.
Our data protection solicitors can advise you on a range of data protection laws both domestically and internationally, including:
- 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 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. Early intervention from a specialist solicitor 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.
There are two tiers of penalty, with the maximum payable in the standard tier: £8.7 million or 2% of annual turnover, whichever is higher. In the higher tier, the maximum payable is £17.5 million or 4% of annual turnover, whichever is higher.
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, we 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 we 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 we 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. Theyhave extensive experience across a range of sectors and an in-depth understanding of the complexities of data protection law.
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
It was a pleasure to work with Gary. He delivers a comprehensive service in a friendly and affordable way. He was a breath of fresh air – after struggling with so many super expensive and over-complicated legal consultants.
Arabella Angell
Quentinvest
