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GDPR, Data Protection and Regulatory Defence Solicitors

The General Data Protection Regulation (GDPR) comes into force on 25th May 2018. It carries with it significant fines of up to £17 million, the imposition of which would have obvious and devastating implications for any business subject to any such sanction. Other, less discussed but no less serious, sanctions include the prohibition of processing data often critical to the running of the business.

Holborn Adams Solicitors can assist in ensuring that you and your business are ready to face this new regulatory regime.

Information and Data management is a cornerstone of every successful modern business. Whether this includes client lists, stock inventories, internal communications or marketing data; managing and gathering data is critical to commercial success.

Successful 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.

Holborn Adams Solicitors have dedicated Solicitors who specialise in information management and GDPR compliance

We at Holborn Adams have the expertise and experience to advise and assist on whether your data is being utilised efficiently and in compliance with the relevant UK and EU laws and regulations.

Consequences of mismanaging data

Mismanaged data will nearly always carry an economic cost to any business, acting as an economic break, slowing down efficiency and destroying profit margins. Worse mismanaged data gives rise to the risk of possible data breaches. This can lead to businesses suffering considerable damage from the economic, brand and regulatory consequences that would inevitably follow.

Data Breaches, Consumer Mistrust and Regulatory Penalties

Large data breaches are often headline grabbing news. The individuals affected by data breaches could face significant inconvenience, suffer identity fraud or face catastrophic reputational damage. Given these serious implications, even small breaches can have lasting and disruptive impact on the trust placed within a brand, often translating into lasting and significant economic loss for any such business unfortunate enough to suffer such a breach.

New powers granted to the Information Commissioner’s Office (ICO) under the GDPR now give them the power to carry out data audits, doorstep visits and request that documentation or other relevant information is handed over. Such investigations can be severely disruptive to the day to day running of any business not prepared for such eventualities.

In the event of regulatory action Holborn Adams are able to provide extensive advice on responding to ICO investigations and minimising the commercial and financial impact on your business. Holborn Adams will prepare detailed representations and advise how to respond to mitigate or even avoid the imposition of potentially large and catastrophic sanctions.

Demonstrating and Documents on the General Data Protection Regulation

If you are worried about the impact the GDPR is likely to have on your business, speak to Holborn Adams’ specialist data regulation solicitors today. Under GDPR businesses that process personal data will be expected to be able to both demonstrate and document compliance. This will include setting out what steps were taken to identify and mitigate potential risks to data security.

Holborn Adams 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.

The main focus of the GDPR is on accountability and transparency; being able 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.

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

Holborn Adams can also help companies understand their rights and responsibilities as data controllers, processors and any Data Protection Officers that may be required or deemed necessary.

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 in any event within 72 hours of discovery. It is imperative that we are contacted urgently so that we are able to provide independent and impartial advice within this very small 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.

Holborn Adams retain specialist barristers at every level, including Queen’s Counsel (“QC”), who are available to provide expert advice and assistance from start to finish.

Our lawyers are available 24 hours a day / 7 days a week, to deploy nationwide to assist following a data breach.

Obligations and rights: Seeking specialist Advice

Under the GDPR individuals have much greater rights to control over their data. This includes rights to prevent companies processing their data further or even deleting it entirely. In some instances a business can argue that there are legitimate interests that override the objection of the individual. Holborn Adams are able to provide independent assessments over these internal decisions. Such external reviews can assist in demonstrating compliance in the event the matters is challenged and reviewed by the ICO.

Contact Us

Contact Holborn Adams for comprehensive advice on data protection today.

Recent Holborn Adams Cases

R v NO

Representing a client pre-charge in relation to serious sexual offences. Case preparation has involved securing defence material at the early stages of the investigation. We have successfully applied to vary the clients bail conditions pending completion of the investigation.

E v DK

Instructed to defend a client pre-charge in relation to allegations of assault and possession of a Class B drug with intent to supply. We are in the process of obtaining medical evidence and witness statements as part of the pre-charge representations.

HMRC v LM

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.

S v HO & Others

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.

United States v EL

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.

KH

Retained to make enquiries into the police handling and conduct of an historic incident.

Q v I

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.

W v LA

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.

S v KE

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.

R v NP

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.

Holborn Adams - Why Choose Us

When you call Holborn Adams you’ll immediately speak to a qualified and experienced lawyer. We’re not “legal specialists”. We are a team of experienced and specialised counsel (barristers) and solicitors, dealing with cases like yours every day.

  • A phenomenal success rate of pre-charge defence in avoiding criminal charge.
  • Legal advice that is available 24 hours a day, 7 days a week.
  • Direct access to some of the country’s leading specialist counsel and Queen’s Counsel.
More About Us Meet Our Legal Team

Latest Testimonials

I am extremely fortunate I came across Holborn Adams and wholeheartedly appreciate the support and efficiency during critical times. I would like to thank Akram and Faaria for having proficiently represented me and wish them and the rest of the team all the best for the future.

Client

I greatly appreciate all the support and advice that have been provided to me by Holborn Adams.

Akram and Faaria have always been on hand and accessible to give professional and sympathetic advice. They always respond promptly to my emails and texts and nothing is too much of hassle for them. I always enjoy conversations that I have with them and find them reassuring in the time of stress that I am going through.

Adam and Chris are very professional and confident. I am glad I have them on my side under the stressful circumstances that I found myself in.

I would recommend Holborn Adams to anyone in need of legal assistance. Thank you again

Client

Thank you Akram, your advice really helped. I’m very confident now that we can walk away from this without me being placed into custody. I appreciate the advice and guidance you have shown me. Thank you sir.

Client

During this most difficult time, I found that having Holborn & Adams on my team was a great support. Their professional advice helped me greatly throughout.

Client

Dear Akram, thank you for the chat today. It’s really helped. You have such a reassuring nature, whilst also being realistic. It’s helped settle my mind massively, so thank you.

Client

We’ve just recently started working with your team and I must say I wish we had come across them earlier and hopefully the wait wouldn’t be so long. I’m happy with Andrew and Faaria. They always keep us up to date on everything and work fast.

I believe the case is now in good hands. We are extremely grateful. So once again Thank you to your team.

Client

Thank you so much for all your help, this news is welcome beyond belief.

I would like to thank yourself especially, but also backed up by Alicia for the timely, sensitive, proactive and highly skilled advice and guidance given. You left no stone unturned which I believe was crucial to the successful outcome of the case. The stress our family has been under has been immense but you have acted with such humanity and compassion it’s made a very difficult time more bearable, and I really thank you for that.

I spent a lot of time researching and talking to other solicitors before committing to yourself. This decision to choose yourself was based on my feeling that you understood the wider picture and nuances of the case and would give 100% which you did.

Thank you once more, you have helped change our lives immeasurably for the better.

Client

Just wanted to let you know that I finally received the letter from DBS and I’m not going to be barred! I’m so relieved. Please note I realise this was all down to your hard work of which I will be forever grateful. Please accept my wholeheartedly appreciated efforts on your part. I wish you all the best for the future.

Client

I am pleased that I used Holborn Adams and their professional criminal defence team as my legal counsel during a very stressful and unclear time in my life. Head of crime – Andrew Ford dealt with my case in a professional and discreet manner which is what I needed at the time. The team worked tirelessly and as expected a positive result was achieved in my case, I would also like to thank Julian Goode for the excellent advocacy at the crown court and Syeda Ahmed for all the help and work done on my case.

Client

Needed a solicitor due to a dbs minded letter.

Found Holborn Adams on line which deals in specific cases like mine.

Carrie Bray agreed to act on my behalf, and I found her to be approachable and very knowledgeable.

Throughout she kept me informed and did exactly what she said she would and on schedule.

To summarise my experience very professional and I would not hesitate to recommend Holborn Adams and in particular Carrie Bray to all my family and friends.

Client