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 happened across Holborn Adams by a stroke of luck, or fate. I am so grateful and thankful that I did, as the support, help and advice I received from day one of engaging with them, and throughout the whole ordeal has been a blessing.

I was falsely accused by an ex partner of serious accusations. I had previously appointed another firm who, it seemed, were happy for my case to go trial. Some time had passed under the guidance (or lack of) my previous solicitor, and the trial was drawing closer and closer. I knew something wasn’t right with my previous representations so I looked elsewhere and appointed HA.

From the very first meeting I knew I was in safe hands. Both Adam and Simon are true professionals in their field and know the law inside out. They helped close down my case, meaning there was no trial. We worked together to gather evidence which proved to close the case down. 12 months ago my world was bleak, I felt a tremendous amount of pressure and stress, however every appointment I had with Simon/Adam helped to reassure me and took away many of my concerns. I couldn’t recommend HA highly enough. If you are facing similar issues, give them a call immediately, you won’t regret that decision.”

Client

When my partner was wrongfully arrested it felt like my world had collapsed around me. I was alone, fearful and lost. The rumours circulating affected my health and my business as people believed what the police were saying. The constant contact and reassurance from Holborn Adams, who were always there and willing to help, enabled me to carry on and thankfully we are now out of the other side.

Nobody listens and nobody cares when you face something like this. But Holborn Adams do – they put their clients best interests at heart.

Thank you so much to all at Holborn Adams, especially Simon Kups and Adam Rasul.

Client

I am writing to express my appreciation for the help, advice and support me and my family received from Holborn Adams during my wrongful arrest last year.

I was at a real low with the false allegations against me and the unwillingness of the police to look at alternative facts and evidence. Having you in my corner, to keep my spirits up when I was imprisoned and things were looking bleak, helped stop me from going under. The fact that you were there for me and my family at all hours, always willing to advise, is and always will be, appreciated more than words can express. I would recommend you to anyone suffering injustice or finding themselves on the wrong side of the law.

Client

As part of a team, you, Adam and Matthew were all patient, friendly and professional providing an environment where in the most dire of circumstances there is a reassurance that a team is working to reach the best very outcome on your behalf. Importantly the human touch of support that is so critical in times of crisis never lapsed. I have no hesitation in recommending Holborn Adams with the strongest voice to anyone for high quality legal representation and a team who are dedicated to the very best outcome for their client.

Client

In a time of crisis the initial phone call with Adam was exactly what was needed; calm reassurance with precise legal instructions that he made sure I understood in my emotive chaos. The step by step guide of how the arrest process would proceed and clear do and do nots as well as the traps not to fall into was absolutely invaluable as I had no knowledge or prior experience of the criminal justice system. I now understand due to the nature of the criminal justice system how critical and vital it is to have good quality legal advice at the earliest opportunity.

Client

We made the best decision in choosing Holborn Adams to represent our son and we would have no hesitation in recommending Holborn Adams or using the Firm again if ever we needed to.

Client

I would like to say a huge thank you for all your time and effort which has led to a very positive outcome. Your friendly, down to earth and non judgmental approach was much appreciated.

Client

I would like to thank Natasha, Adam and Chris for the excellent job they did on my case. I really appreciate it and feel that without their input this wouldn’t have been a positive result.

Client

Adam Rasul is a tremendously impressive and affable lawyer whom I would not hesitate to recommend for any corporate or financial crime matter.

Guy Williams, Senior Clerk 25 Bedford Row