The General Data Protection Regulation (commonly referred to as the GDPR) is a comprehensive data protection law that first went into effect in 2018. It was established to amalgamate data privacy laws across Europe, safeguard the data privacy of EU citizens, and reshape how organisations approach data privacy.
Unfortunately, GDPR violations can occur for a lot of reasons. Though some are due to nefarious intent, it is more common for violations to stem from ignorance, negligence, or a failure to adhere to regulatory requirements.
Holborn Adams Solicitors have dedicated Solicitors who specialise in information management and GDPR compliance. We have the expertise and experience to advise you and determine whether your data is being utilised efficiently and complying with the relevant UK and EU laws and regulations.
Mismanaged data will nearly always carry an economic cost to any business. This generally comes in the form of reduced efficiency and rising costs. However, in some cases, mismanaged data can increase the possibility of data breaches. This can lead to businesses suffering considerable reputational damage on top of the subsequent economic and regulatory consequences.
Those individuals affected by data breaches typically face significant inconvenience, which can include identity fraud or catastrophic reputational damage. Given these serious implications, even small breaches can have a lasting and disruptive impact on the trust placed within an organisation.
In the UK, powers granted to the Information Commissioner’s Office allow them to carry out data audits, in which they can request that documentation or other relevant information be handed over. Such investigations can be severely disruptive to the day-to-day running of any business, especially if they’re unprepared for such eventualities.
Fortunately, the team at Holborn Adams can provide actionable advice on responding to ICO investigations and minimising the commercial and financial impact on your business. Among other things, Holborn Adams will prepare detailed representations on mitigating or even avoiding, the imposition of potentially large and catastrophic sanctions.
If you are worried about the impact that a GDPR compliance failure is likely to have on your business, speak to Holborn Adams’ specialist data regulation solicitors today. We can help advise on complying with obligations under the GDPR and assist in drafting the policies and procedures required to achieve (and document) effective compliance.
Remember that the main focus of the GDPR is accountability and transparency. An organisation’s ability to demonstrate a thorough and consistent commitment to data protection from the outset will be a significant deciding factor in future assessments by the ICO over what sanctions, if any, are imposed.
Holborn Adams can also help companies understand their rights and responsibilities as data controllers and processors – and the role of any Data Protection Officers that may be required or deemed necessary.
These are important steps. The more you have done to prepare, including taking professional legal advice from Holborn Adams, the lower the level of sanction is likely to be in case of a breach.
Under GDPR, there is mandatory reporting of data breaches when there is a risk to the fundamental rights and freedoms of individuals. Such reports must be made without undue delay or within 72 hours of the first discovery of the event. We must be contacted immediately so that we can provide independent and impartial advice within this very short window of time. Failure to report in a timely manner may well be used as evidence of non-compliance, the effect of which is likely to increase the size and scope of any sanction applied.
Under the GDPR, individuals have much greater rights to control their data. This includes rights to prevent companies from processing or deleting their data. In some instances, a business can argue that there are legitimate interests that override the objection of the individual. The specialists at Holborn Adams are able to provide independent assessments of these internal decisions. Such external reviews can assist in demonstrating compliance in the event the matter is challenged and reviewed by the ICO.
Holborn Adams Solicitors can assist in ensuring that you and your business are ready to face the new GDPR regulatory regime.
Information and Data management is a cornerstone of every successful modern business. However, information management is not without challenges. Properly controlling how such information is obtained, used, and secured can often be complex, but failure to do so can land your organisation in serious legal trouble.
Contact us today and establish the best possible defence before you need it.
Supporting and guiding individuals, both in the UK and beyond, to secure results.
Following the submission of pre-charge representations to the police after the client was accused of perverting the course of justice, the client was granted a no further action. This no further action was appealed, and the client was then investigated for an accusation of perjury. After repeated liaison and pressure upon the officer in case on evidential grounds, the client was granted a further no further action.
The client was accused of torture and battery abroad. The client and the alleged victim were citizens of the United Kingdom. While criminal proceedings against our client took place abroad, we drafted a crisis management bundle for the client consisting of a chronological statement, full binders of complex evidential material and an index referring to the same, which outlined the client’s innocence to pre-empt the matter proceeding to the United Kingdom. After liaison with the client and his international lawyers, the criminal case abroad halted and the client’s interests in the United Kingdom were protected against the unproven accusations.
The client was charged with a motoring offence involving alcohol and speeding. After a close inspection of the case, we advanced mitigation alongside Counsel in reference to strong medical and psychiatric evidence. This secured the client a favourable sentence in which the aggravating elements of the offence were set aside, with the client subject to a fine and a driving disqualification.
We provided advanced written representations challenging the process by which a client was awarded a simple caution by West Mercia Police. We identified that the officers in the case had bartered with the client in his police interview while he was experiencing suicidality and a severe depressive episode. The officers informed the client they would provide him with his personal and work devices back if the client accepted a caution. We successfully argued that the client was cautioned for an offence he did not commit, prompting the removal of his caution by the relevant Police and Crime Commissioner. We then entered into pre-litigation negotiations with West Mercia Police, securing a pecuniary settlement the client.
Following representation at the police station, the client was accused of perverting the course of justice. The evidence relied upon by the police was rightfully identified as circumstantial. Client was later released under investigation.
Client accused of murdering his former girlfriend. We formed a Defence team that secured the acquittal of the client with specialist Counsel.
Client attempted murder and accused of raping his wife following the incident. We formed part of Defence team alongside Counsel.
We formed part of legal team who successfully brought action against a British prison on behalf of client following injury and discrimination they faced. The client was an elderly Jewish prisoner who was discriminated against for wearing his kippa in canteen areas, who was denied Kosher meals, regularly facing anti-Semitic abuse from prison staff and was denied medical attention after his diverticulosis worsened, which partially immobilised him.
Claim settled with the Government Legal Department for the unlawful detention of a client who, if deported to their country of origin, would have had an extreme risk to their life as a transgender individual. The client had gained a recognised status in the United Kingdom, making the extent of their detention unlawful and their (potential) removal impossible.
Retained to defend a client with allegations of VAT and income tax fraud. We have prepared written submissions to the CPS to the effect that criminal charges would not be in the public interest.
Holborn Adams is retained by two clients in a vast cross-border human trafficking and a multi-million pound fraud investigation by both UK and Polish authorities. Our Senior Partner, Adam Rasul travelled to Poland to liaise with the clients’ Polish lawyers as part of a coordinated legal response. Written representations have been submitted to the CPS that the investigation failed to follow proper procedures and that the case should be reviewed at the highest level.
Holborn Adams is retained to assist and advise on an international drug trafficking investigation conducted by the Federal Bureau of Investigation (FBI). Our Senior Partner, Adam Rasul, travelled to Washington DC and Virginia to represent the interests of a British Citizen implicated in a large-scale drug trafficking conspiracy. Adam is working jointly with United States Attorneys in preparation of the client’s case.
Retained to make enquiries into the police handling and conduct of an historic incident.
Instructed in relation to an appeal against sentence and Proceeds of Crime Act 2002 confiscation order in relation to conspiracy to supply Class A and Class B drugs to the value of £5,000,000.
Retained to advise on an appeal against conviction for murder (‘Joint enterprise’) where we did not act at trial. This involves detailed review of ‘what went wrong’ in the trial and investigating evidence and legal errors that may be used to overturn the conviction
Represented a client in a wave of Operations by Greater Manchester Police of conspiracy to supply Class A drugs. This case involved consideration of a voluminous amount of telephone evidence and a large investigation across the North West.
Acted for a client cleared of attempted murder in the course of a ‘drive-by shooting’ in Birmingham following a successful submission of no case to answer.
Acted for a Czech national facing multiple rape charges and false imprisonment. A case that involved Czech translators and hundreds of hours of defence preparation.
Assisted in the preparation and defence on a 14 handed corruption and perjury case, surrounding the notorious prosecution of the ‘Cardiff 3’ for the murder of Lynette White. This was the largest ever case of police corruption in legal history. The £30,000,000 prosecution ended in the collapse of the case and not guilty verdicts.
Represented a client charged with conspiracy to supply Class A drugs. This case was a multi-million pound international drug trafficking and confiscation case. Investigated by the SOCA and involved international jurisdictions and surveillance.
Acted for the main defendant charged with Conspiracy to Murder. This involved extensive defence preparation of cell site analysis extending over 20,000 pages of evidence at the initial stages of the case.
Acted for the main defendant in a conspiracy to supply Class A drugs, possession of firearms and human trafficking. Extensive surveillance evidence and hundreds of hours of audio product from probes placed in vehicles.
Instructed to act for the main defendant in a conspiracy to supply Class A drugs. Prosecution and investigation brought by the Serious Organised Crime Agency (SOCA). Extensive preparation and review of hundreds of hours of covert surveillance and detailed disclosure applications to the Court.
Represented a client charged with conspiracy to supply Class A drugs and firearms offences.
Instructed to draft an advice on UK law in respect of the use of cannabis for the United Arab Emirates Courts. The advice was translated into Arabic and was presented to the UAE courts on behalf of an overseas client.
Represented the lead defendant on the largest commercial cannabis cultivation and supply conspiracy in UK History. Stock value estimated at £20,000,000 by the prosecution authorities.
Represented a client (pre-charge) facing alleged offences, including fraudulent evasion of VAT contrary to the VAT Act 1994, investigated by the HMRC Criminal Team. We obtained medical evidence and other defence evidence as part of a pre-charge representations package.
Acted for a client facing multi-million pound money laundering allegations. This prosecution arose from a previous case (‘Operation Shoot’) into this case known as ‘Operation Echogramme’. The case involved analysis of evidence from conveyance material stemming over tens of thousands of pages.
Successfully defended clients charged with conspiracy to defraud to the value of £25,000.000. This case involved over 10 months of full-time preparation to test the allegations presented by HMRC.
Successfully defended a client charged with multi-million pound money laundering. This case involved criminal proceeds that had allegedly been transferred from Latvian bank accounts into UK-based companies. Due to the level of the client’s business activity, all aspects of his lifestyle were financially interrogated.
Acted for a Chartered Accountant charged with false accounting. After intense defence preparation with the assistance of expert forensic accountants, the client was acquitted after trial. The defence successfully exposed that the Inland Revenue staff were dishonestly taking bribes to process claims.
Represented a husband and wife investigated for mortgage fraud. Forensic defence preparation led to lesser charges being brought against by both clients and a non-custodial sentence.
Acted for the main defendant in a prosecution investigated by Trading Standards. The client was charged with 400 separate offences which involved thousands of pages of evidence on behalf of Nike, Adidas, Hugo Boss and other high-profile clothing brands.
Acted for a client charged with Copyright Fraud – prosecution by F.A.C.T (Federation Against Copyright Theft). The preparation for this matter involved taking instructions on over 4.2 million pages of evidence with a large defence team. One of the largest private prosecutions ever undertaken.
Acted for a Director investigated for fraud related offences involving a Professional Football Club. A case brought by the Football Association (FA) from events dating back to March 2001. The SFO took over the investigation, leading to 19 charges including false accounting, furnishing false information and theft.
Acted for a Senior Dentist charged with false accounting. The proceedings attracted wide media attention and was prosecuted by the NHS Counter Fraud Team.
Acted for a Company Director facing serious money laundering allegations in relation to alleged criminal property. A multi-handed conspiracy at an alleged value of £4.2 million.
14 handed corruption and fraud case involving Trafford City Council in Manchester. One of the largest ever investigations into alleged fraud by Senior Council employees. Client received a suspended sentence and walked free after an investigation that lasted 8 years.
Successfully defended a businessman against a European Arrest Warrant (EAW). The client was alleged to be a significant figure in a money laundering conspiracy in the Netherlands. The case outlined procedural errors in the EAW and continuous defence preparation revealed significant flaws in the investigation.
(‘Operation Euripus trial 5’) – represented a former Times Rich List client accused of money laundering from the proceeds of multi-million VAT fraud. The case involved prosecution and defence enquiries in Spain, Gibraltar, Dubai, Hong Kong, China and the Caribbean.
Senior Partner, Adam Rasul successfully defended the largest VAT fraud recorded in UK history (£330,000,000). After extensive case preparation and a six-year investigation, the client was discharged from criminal proceedings and the matter was discontinued.
Successfully represented a Doctor pre-charge in relation to an allegation of domestic violence. Representations made on behalf of the client resulted in no further action being taken and no General Medical Council intervention.
Represented a client investigated for an alleged serious assault. After extensive pre-charge preparation, which entailed collating witness evidence and early representations, no further action was taken.
Successfully represented client on allegations of racial and threatening behaviour. Following pre-charge representations to the Reviewing Lawyer at the CPS and collating witness evidence, we persuaded the CPS that there was insufficient evidence to make a formal charge and no further action was taken.
Successfully represented client on allegations of racial and threatening behaviour. Following pre-charge representations to the Reviewing Lawyer at the CPS and collating witness evidence, we persuaded the CPS that there was insufficient evidence to make a formal charge and no further action was taken.
Instructed to represent individual arrested in relation to coercive and controlling behaviour. Submitted pre-charge representations and due to the comprehensive nature of the representation, no further action was taken by the Crown Prosecution Service.
Represented professional individual in relation to a third drink driving offence and driving whilst disqualified. Holborn Adams successfully mitigated on the clients behalf, resulting in a stand alone suspended sentence order.
Instructed to represent a client in relation to an allegation of rape. Holborn Adams put forward pre-charge representations which resulted in no further action being taken by the Crown Prosecution Service.
Successful representation at Parole Hearing, securing clients early release from custody.
Successfully represented a high-net-worth client on allegations of racism and threats to kill. Following our early intervention, which included gathering key defence material, the client avoided police arrest and we persuaded the police and CPS not to make formal criminal charges. The client was able to retain his right to travel to the United States and Canada without restriction.
Holborn Adams successfully defended a serious pension fraud investigation. The DWP/CPS accepted Holborn Adams’ pre-charge representations. The client avoided criminal prosecution and further investigation.
Represented a vulnerable adult in a DWP criminal fraud investigation. Following negotiations and pre-charge representations, we persuaded the DWP to discontinue the criminal investigation and not to press formal charges against the client.
Successfully represented a Senior Doctor pre-charge in respect of an alleged multi-million pound fraud against the NHS. After intense defence preparation and preparation of a full bundle of defence evidence, no further action was taken against the client. The client faced a joint regulatory and police prosecution, and both investigations were discontinued.
A substantial and lengthy investigation into a multi-million pound VAT fraud case was discontinued against Holborn Adams’ client. Following years of investigation, the CPS and HMRC accepted Holborn Adams’ detailed pre-charge representations and discontinued their investigation. As a result, the client no longer faced criminal prosecution or Confiscation proceedings.
An investigation that commenced in 2011 was brought to a successful conclusion by the Holborn Adams’ Serious Fraud Team. Extensive pre-charge representations at interview and powerful client statements resulted in an extensive list of charges being ‘dropped’ against our client by HMRC investigators. These included conspiracy to cheat the public revenue, conspiracy to undertake fraudulent activity, and making and supplying articles for use in fraud and money laundering. The value of the alleged crimes was estimated at £5,000,000.
Retained to bring a Civil claim agianst the Metropolitan Police for various failings on their behalf, including malicious prosection and unlawful racial discrimination.
Holborn Adams successfully worked on behalf of the client to secure the return of property considered as chatells under British Law.
Holborn Adams are instructed on a retained basis to manage all legal affairs and PR related issues for a high-profile former premier league footballer.
Retained to negotiate sporting contracts in relation to sponsorship deals and team contracts. Also involved in the management of all legal affairs and PR related issues
Retained to deal with an ongoing criminal investigation by the Serious Fraud Office, lasting over two years.
We were instructed, along with the leading female KC in the country, Sallie Bennett-Jenkins KC, to represent a young client before the Crown Court for trial, in relation to very serious sexual offences. The defence advanced was that of reasonable belief as to the age of the victims at the material time; in that they were 16 years or older. There was a further allegation of Count on the Indictment of Rape, the issue in relation to this Count was one of consent. After a 2 week trial, during which we were able to argue the inadmissibility of certain evidence, the jury rightly acquitted our client of the 12 Counts on the Indictment. Had the jury returned guilty verdicts, it would have resulted in a custodial sentence of many years. As a result of the preparation and hard work undertaken, our client has now resumed work in a heavily regulated profession in the City.
Historical rape allegation
Allegation of rape historic sexual assault
Allegation of harassment
Allegation of sexual communication with a child
Allegation of sexual assault on a child
Allegation of rape
Allegation of historical rape
Allegation of criminal damage
Exposing oneself to cause distress or harm to other
allegation of criminal damage and assault on 14 year old son
threats to kill and inflicting injury causing Grievous Bodily Harm
Allegations of Rape common assault, coercive and controlling behaviour and harassment
allegation of sexual assault on a child
Grooming
assault
Sexual activity with a child
Voyeurism
Allegation of historical rape
Indecent images of children
Holborn Adams successfully persuaded the Crown to offer no evidence following our representations. This was a case against our client for an allegation of using a false instrument with intent.
Holborn Adams successfully secured a caution a client under investigation for two counts of sexual assault following our representations at a voluntary interview.
Holborn Adams successfully represented a client who was arrested for rape shortly after graduating university. Within 4 weeks of instructing Holborn Adams and serving emergency representations of the police, the matter was concluded with no further action.
Holborn Adams successfully represented a client who was charged with assault of an emergency worker. After a two day crown court trial, the client was successfully Acquitted.
Holborn Adams successfully represented a client for an allegation of distribution of indecent images of children and participating in an organise crime group for child abuse. The case was disposed of by way of no further action after successful Pre Charge representations to the Crown Prosecution Service.
Holborn Adams successfully represented a client for an allegation of distribution of indecent images of children. Although the charge passed the custody threshold, our client received a Suspended Sentence following our representations at court.
Holborn Adams successfully represented a client who was arrested for Harassment and Stalking. Within 3 weeks of instructing Holborn Adams and serving emergency representations of the police, the matter was concluded with no further action.
Holborn Adams successfully represented a client for an allegation of common assault. The case was disposed of by way of no further action after successful Pre Charge representations to the Crown Prosecution Service.
Holborn Adams successfully represented a client for an allegation of 10 allegations of Historic Sexual Abuse. All allegations were discontinued by the Teacher Regulatory Authority after successful Pre Charge representations to the Crown Prosecution Service.
Holborn Adams successfully represented a client for an allegation of possession with the intent to supply class B drugs. The case was disposed of by way of no further action after successful Pre Charge representations to the Crown Prosecution Service.
Holborn Adams successfully represented a client for an allegation of harassment, intentional strangulation, and assault by beating. The case was disposed of by way of no further action after successful Post Charge representations to the Crown Prosecution Service.
Holborn Adams successfully represented a client for an allegation of sexual communications with a child and inciting a child who engaged in sexual activity. Although these charges pass the custody threshold, our client received a Suspended Sentence following our representations at court.
Holborn Adams successfully represented a client for an allegation of possession of indecent images of children. The case was disposed of by way of no further action after successful Pre Charge representations to the Crown Prosecution Service.
Holborn Adams made successful representations for a client accused of sexual harassment in the workplace. However, a decision was reached where no claim was made at the Employment Tribunal and client was able to remain employed.
Holborn Adams successfully represented a client for an allegation of Criminal Damage. Despite being charged, Holborn Adams persuaded the prosecution to refer the case back to the police to issue an out of court disposal and the matter was discontinued.
Holborn Adams successfully represented a client at court for driving under the influence of drinks/drugs. Despite being an offence, which carries mandatory disqualification, Holborn Adams persuaded the court to issue the client with a low level fine.
Holborn Adams successfully represented a client for an allegation of common assault. The case was disposed of by way of no further action after successful Pre Charge representations to the Crown Prosecution Service.
Holborn Adams successfully secured a non custodial sentence for a professional defendant charged with possession of indecent images of children. There was a subsequent argument regarding the imposition of a Sexual Harm Prevention Order which we argued was not necessary or proportionate to impose such an order, which the court agreed with.
Holborn Adams successfully represented a client for an allegation of sexual assault. The case was disposed of by way of no further action after successful Pre Charge representations to the Crown Prosecution Service.
Holborn Adams successfully represented a client for an allegation of fraud by abuse of position and money laundering. The case was disposed of by way of no further action after successful Pre Charge representations to the Crown Prosecution Service.
Holborn Adams successfully represented a 16-year-old client at a voluntary interview for an allegation of sexual assault. Within 1 week of serving emergency representations to the police, the matter was concluded with no further action.
Holborn Adams successfully represented a client for an allegation of improper use of public electronic communications network. The case was disposed of by way of no further action after successful Pre Charge representations to the Crown Prosecution Service.
Holborn Adams successfully represented a client for an allegation of harassment, assault and criminal damage. The case was disposed of by way of no further action after successful Pre Charge representations to the Crown Prosecution Service.
Holborn Adams successfully represented a client for an allegation of a public order offence. The case was disposed of by way of no further action.
Holborn Adams successfully represented a client for an allegation of administrating a substance with intent. The case was disposed of by way of no further action after contacting the police regarding Pre Charge representations.
Holborn Adams successfully represented a client who was charged with six sexual offences against a minor, that could have resulted in a custodial sentence which could have lasted over a decade. After court proceedings, he was acquitted of five and sentenced two-month curfew as part of a community order.
Holborn Adams successfully represented a client for an allegation of possessing a firearm. The case was disposed of by way of no further action.
Holborn Adams successfully achieved an acquittal on all three charges, two counts of breaching a restraining order and one count of malicious communications.
Holborn Adams successfully represented a client for an allegation of assault occasioning actual bodily harm. The case was disposed of by way of no further action after submitting written representations.
Holborn Adams successfully represented a client charged with domestic common assault. This case was successfully discontinued within five days of instruction, preventing the case going to trial.
Holborn Adams has a phenomenal success rate of pre-charge defence, meaning that individuals can avoid criminal charge altogether.
We provide legal advice 24 hours a day, 7 days a week, with direct access to some of the country’s leading specialist counsel and Queen’s Counsel.
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