Data Protection and GDPR Solicitors

The GDPR will apply to every public and private sector organisation which deals with any data which can identify a living individual.

There are two types of data under the GDPR - “regular” personal data and “special category” (sensitive personal data).

The reform will bring in or strengthen substantial requirements on organisations in relation to how they collect, process and retain data – some of the key elements include:

• The Right to be Forgotten
• The Right to Access
• Data Portability
• Privacy by Design
• Consent of the data subject
• Staff training
• Breach Notifications to the Information Commissioner's Office
• Substantial criminal and civil penalties for data breaches and non-compliance

The Information Commissioner’s Office (ICO) has a clear message: Your organisation needs to be GDPR compliant by 25 May 2018.

Time is very much of the essence and in order to achieve compliance, your organisation needs to be fully aware of the requirements of the GDPR and have effective polices, systems and controls in place that fulfil the requirements which apply to your organisation.

In order to achieve that, often the best solution is to take specialist legal and procedural advice.

The GDPR permits the ICO to investigate and prosecute organisations which fail to comply.

For the most serious of breaches, fines of up to €20 Million or up to 4% of global turnover – whichever is highest, can be imposed.

For less serious breaches, fines of up to €10 Million or up to 2% of global turnover – again, whichever is highest, can be imposed.

Furthermore, the reputational damage is likely to be destructive and long lasting.

There is already recent case authority to show how serious the consequences of a breach of data protection laws could be for businesses as in the Morrisons' case, click here for more information.