Organisations receiving 'subject access requests' from individuals under UK data protection law may not refuse to comply solely on grounds that the personal data provided could be used against them in potential or actual legal proceedings.
Organisations will welcome new draft guidance, Consultation: GDPR consent guidance, published by the Information Commissioner's Office (ICO), which deals with how to lawfully obtain an individual's consent to processing of their personal data under the new General Data Protection Regulation (GDPR).
Property owners and occupiers who install CCTV and/or audio recording equipment must comply with data protection laws or risk significant penalties, especially if their equipment monitors 'public space' outside their property, a ruling makes clear.
Building customer loyalty gives you a high return on the time, effort and money you invest in providing good customer service. Loyal customers buy more, more regularly, and the cost of selling to them is low. And they will frequently recommend your business to others.
Direct mail and email can be very cost-effective ways of marketing your business, allowing you to reach large numbers of customers at low cost. Email offers immediacy and low cost, while welldesigned direct mail can really stand out.
Business information can be an important contributor to your competitive advantage. Good filing and record-keeping systems make sure you have what you need, and avoid wasting time and effort looking for misfiled information and misplaced files.
Data rights and digital wrongs
Digital marketers should be aware of the regulations applying in Great Britain and train their staff accordingly. The article covers key requirements, penalties, and current European Union initiatives in this area.
Tips for choosing the right global cloud infrastructure provider
The top considerations for businesses planning to adopt infrastructure as a service (IaaS) on the cloud.
What to do after a security breach
Just as companies have fire drills, they should practice what they will do when a data breach occurs.
When an employee leaves, for whatever reason, it is vital to get everything right, from reclaiming your property to ensuring your confidential information is kept secret after the employee leaves. Check out the key steps to take for a trouble-free termination.
Using CCTV at work is subject to data protection and human rights law, and could also breach your duties to your employees. Check out the pluses and minuses of using CCTV, and what you have to do to stay within the law.
Keeping your customer information accurate and up to date is vital. Failure to do so could result in costly and possibly embarrassing mistakes.
Legislation and regulations
Reform of EU data protection rules
Summary of the changes to data protection law in the EU. The new regulation entered into force on 24 May 2016 and will apply from 25 May 2018. The site includes factsheets on data protection reform.
Data Protection Act 1998
Full text of the act that came into force on 1 March 2000. It applies to computerised personal data, and to personal data held in structured manual files.
Data Protection Directive 1995
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
This is not an exhaustive list of legislation on data protection. The ICAEW Library holds numerous print publications on data protection law and also subscribes to electronic databases with the complete text of UK legislation. For information on accessing these resources, please contact the Library.
Information Commissioner's Office (ICO)
Guide to data protection
Detailed guidance for UK organisations, covering:
- key definitions of the Data Protection Act
- data protection principles
- processing personal data fairly and lawfully
- the rights of individuals
- information security
Preparing for the General Data Protection Regulation (GDPR): 12 steps to take now
Guidance published in March 2016 by the Information Commissioner's Office (ICO). Further guidance to help businesses prepare for the GDPR, due to come into force in the UK on 25 May 2018, is also available.
Code of practice on use of CCTV by employers with special reference to CCTV in pubs.
Information on how to apply the Privacy and Electronic Communications Regulations, with practical examples and frequently asked questions.
Information for small businesses on the Employment Practices Code with links to the full Code and supplementary guidance.
A range of guides and information aimed at SMEs.
Protection of personal data
Comprehensive guide to data protection issues within the EU. Topics include:
- obligations of data controllers
- handling complaints
- protecting personal data
- data protection bodies
Data protection and your business
Guide from GOV.UK covering issues relevant to organisations, including:
- managing staff records
- monitoring staff at work
- using CCTV
Being monitored at work: workers' rights
Guide from GOV.UK for employees monitored through CCTV, bag searches, email checking and other methods.
Data protection guidance
Guidance from the Ministry of Justice on the application of the Data Protection Act 1998, including:
- Undertaking privacy impact assessments: The Data Protection Act 1998
- How data protection affects my business or organisation
- Jargon buster for data sharing and protection
European document retention guide (PDF 9.18mb/384 pages)
Detailed guide to records management in Europe from De Brauw Blackstone Westbroek. Compares legal requirements for data protection across 16 countries. Published October 2014.
The state of cyber resilience: EY's global information security survey 2016
Latest edition of EY's annual survey report looking at how organisations are addressing current threats and how businesses can proactively prepare for potential new risks.
Data protection and freedom of information standards
Overview from the British Standards Institution with links to related information, news and publications.
US Department of Commerce Safe Harbor Portal
Comprehensive website supporting the Safe Harbor privacy framework in the US, including an overview, documentation, workbook, a certification form and a safe harbor search service (searchable by state or industry sector).