GDPR (General Data Protection Regulation) was mandated by the European Union and was enshrined in UK Law on 25th May 2018. It goes much further than the original UK Data Protection (of individuals) provisions applying before that date and lays down severe penalties for the officers (Directors, Owners and sometimes Managers) of businesses that do not comply.
Fines can be as high as 4% of turnover. Widely reported data breaches have seen British Airways and Marriott Hotels handed fines totalling £300m.
website of the Information Commissioner’s Office.
GDPR affects BASDA (The Business Applications Software Developers Association) members both as companies which hold data, for example on their employees and customers, and as providers of business software which enables organisations to hold and process data on individuals.
Historically almost any information could be held and maintained so long as it was not published. Now any information held about an individual must be fit for purpose (for example, to fulfill any obligations associated with providing a service) and as importantly, must be provided, if requested, to an individual.
Below are 10 things from BASDA for a business to consider relating to GDPR.
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1. I am a Data Controller. Do I have to register my activities with the GDPR Registrar?
Yes. Data Controllers that hold, maintain and process personal data need to pay a data protection fee to the Information Commissioner’s Office (ICO), unless they are exempt. Currently the fee ranges between £40.00 and £2,500.
2. Who exactly is covered by the provisions of GDPR?
Any individual that believes a Data Controller holds personal data about themselves. This includes employees; client staff; supplier staff; prospective client and supplier staff; people who are sent marketing information about own and third-party products and services etc.
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3. What are my obligations in respect of accessing data I hold?
Individuals have the statutory right to access any personal data a Data Controller may hold about them. This is commonly referred to as ‘subject access’. A request can be made for subject access for full disclosure of all information held by a Data Controller about themselves verbally or in writing and the business has one month to respond. Not responding with full disclosure carries severe penalties for the officers of the business. A fee is not normally chargeable to an individual who makes a request under the provisions of GDPR.
4. What is the information that I may be required to deliver if I receive a request for subject access?
Any information that relates to the subject access, whether held in ‘electronic form’ (to be delivered in paper form), audio recordings, video recordings (then direct copies of these last two) or paper. ‘Electronic form’ includes data held in databases, files (word proccessed, spread sheets etc.) and emails (both business and private).
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5. How do I ensure internal compliance?
The first step is to
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