GDPR, Data Protection and Regulatory Defence Solicitors

Fundamental Principles of GDPR include the following:

• Data processing must be fair, transparent, and lawful to the subject of the data.
• Data should be collected for specified, explicit, and legitimate purposes and not further processed in a manner incompatible with those purposes.
• Data collection should be relevant, adequate, and limited to what is necessary for the purposes for which they are processed.
• Personal data should be accurate and, where necessary, kept up to date.
• Data should be kept in a form that permits the identification of data subjects for no longer than necessary.
• Data should be processed securely, protecting against unauthorised or unlawful processing as well as any accidental loss, destruction, or damage.
• The data controller is responsible for complying with these principles.
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Consequences Of Mismanaging Data

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.
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Data Breaches, Consumer Mistrust and Regulatory Penalties

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.
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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.
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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.
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Demonstrating and Documenting GDPR Compliance

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.
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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.
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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.
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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.
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Data Breaches: Assisting In Assessing and Reporting Breaches

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.
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Obligations and Rights: Seeking Specialist Advice

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.
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Professional GDPR Assistance in the UK

Holborn Adams Solicitors can assist in ensuring that you and your business are ready to face the new GDPR regulatory regime.
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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.
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Contact us today and establish the best possible defence before you need it.