The General Data Protection Regulation (GDPR) ensures a balance between an individual’s rights to privacy and the lawful processing of personal data undertaken by organisations in the course of their business. It aims to protect the rights of individuals about whom data is obtained, stored, processed or supplied and requires that organisations take appropriate security measures against unauthorised access, alteration, disclosure or destruction of personal data.
The Company will protect and maintain a balance between data protection rights in accordance with the GDPR. This policy sets out how we handle the personal data of our suppliers, distributors, employees, workers and other third parties.
This policy applies to all staff. It does not form part of any individual’s terms and conditions of employment with the Company and is not intended to have contractual effect. Changes to data protection legislation will be monitored and further amendments may be required to this policy in order to remain compliant with legal obligations.
All members of staff are required to familiarise themselves with its content and comply with the provisions contained in it. Breach of this policy will be treated as a disciplinary offence which may result in disciplinary action under the Company’s Disciplinary Policy and Procedure up to and including summary dismissal depending on the seriousness of the breach.
Personal data is any information relating to an individual where the individual can be identified (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. This includes special category data and pseudonymised personal data, but excludes anonymous data or data that has had the identity of an individual permanently removed.
Personal data can be factual (for examples a name, email address, location or date of birth) or an opinion about that person’s actions or behaviour.
Personal data will be stored either electronically or as part of a structured manual filing system in such a way that it can be retrieved automatically by reference to the individual or criteria relating to that individual.
Previously termed “Sensitive Personal Data”, Special Category Data is similar by definition and refers to data concerning an individual Data Subject’s racial or ethnic origin, political or religious beliefs, trade union membership, physical and mental health, sexuality, biometric or genetic data and personal data relating to criminal offences and convictions.
An individual about whom such information is stored is known as the Data Subject. It includes but is not limited to employees.
The organisation storing and controlling such information (i.e. the Company) is referred to as the Data Controller.
Processing data involves any activity that involves the use of personal data. This includes but is not limited to: obtaining, recording or holding data or carrying out any operation or set of operations on that data such as organisation, amending, retrieving using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring personal data to third parties.
Any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that individual’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
An example of automated processing includes profiling and automated decision making. Automatic decision making is when a decision is made which is based solely on automated processing which produces legal effects or significantly affects an individual. Automated decision making is prohibited except in exceptional circumstances.
DPIAs are a tool used to identify risks in data processing activities with a view to reducing them.
This refers to personal information relating to criminal convictions and offences, allegations, proceedings, and related security measures and could include DBS checks.
The Company is responsible for and adheres to the principles relating to the processing of personal data as set out in the GDPR.
The principles the Company must adhere to are: –
Further details on each of the above principles is set out below.
Principle 1: Personal data must be processed lawfully, fairly and in a transparent manner
The Company only collects, processes and shares personal data fairly and lawfully and for specified purposes. The Company must have a specified purpose for processing personal data and special category of data as set out in the GDPR.
Before the processing starts for the first time we will review the purposes of the particular processing activity and select the most appropriate lawful basis for that processing. We will then regularly review those purposes whilst processing continues in order to satisfy ourselves that the processing is necessary for the purpose of the relevant lawful basis (i.e. that there is no other reasonable way to achieve that purpose).
The Company may only process a data subject’s personal data if one of the following fair processing conditions are met: –
The Company may only process special category data if they are entitled to process personal data (using one of the fair processing conditions above) AND one of the following conditions are met: –
The Company identifies and documents the legal grounds being relied upon for each processing activity.
Where the Company relies on consent as a fair condition for processing (as set out above), it will adhere to the requirements set out in the GDPR.
Consent must be freely given, specific, informed and be an unambiguous indication of the data subject’s wishes by which they signify agreement to the processing of personal data relating to them. Explicit consent requires a very clear and specific statement to be relied upon (i.e. more than just mere action is required).
A data subject will have consented to processing of their personal data if they indicate agreement clearly either by a statement or positive action to the processing. Consent requires affirmative action so silence, pre-ticked boxes or inactivity will not amount to valid consent.
Data subjects must be easily able to withdraw consent to processing at any time and withdrawal must be promptly honoured.
If explicit consent is required, the Company will normally seek another legal basis to process that data. However, if explicit consent is required, the data subject will be provided with full information in order to provide explicit consent.
The Company will keep records of consents obtained in order to demonstrate compliance with consent requirements under the GDPR.
Principle 2: Personal data must be collected only for specified, explicit and legitimate purposes
Personal data will not be processed in any matter that is incompatible with the legitimate purposes.
The Company will not use personal data for new, different or incompatible purposes from that disclosed when the data was first obtained unless we have informed the data subject of the new purpose (and they have consented where necessary).
Principle 3: Personal data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed
The Company will only process personal data when our obligations and duties require us to. We will not collect excessive data and ensure any personal data collected is adequate and relevant for the intended purposes.
When personal data is no longer needed for specified purposes, the Company shall delete or anonymise the data.
Principle 4: Personal data must be accurate and, where necessary, kept up to date
The Company will endeavour to correct or delete any inaccurate data being processed by checking the accuracy of the personal data at the point of collection and at regular intervals afterwards. We will take all reasonable steps to destroy or amend inaccurate or out of date personal data.
Data subjects also have an obligation to ensure that their data is accurate, complete, up to date and relevant. Data subjects have the right to request rectification to incomplete or inaccurate data held by the Company.
Principle 5: Personal data must not be kept in a form which permits identification of data subjects for longer than is necessary for the purposes for which the data is processed
Legitimate purposes for which the data is being processed may include satisfying legal, accounting or reporting requirements. The Company will ensure that they adhere to legal timeframes for retaining data.
We will take reasonable steps to destroy or erase from our systems all personal data that we no longer require. We will also ensure that data subjects are informed of the period for which data is stored and how that period is determined in our privacy notices.
Principle 6: Personal data must be processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful processing and against accidental loss, destruction or damage
In order to assure the protection of all data being processed, the Company will develop, implement and maintain reasonable safeguard and security measures. This includes using measures such as: –
The Company follows procedures and technologies to ensure security and will regularly evaluate and test the effectiveness of those safeguards to ensure security in processing personal data.
The Company will only transfer personal data to third party service providers who agree to comply with the required policies and procedures and agree to put adequate measures in place.
The Company will generally not share personal data with third parties unless certain safeguards and contractual arrangements have been put in place. These include if the third party: –
There may be circumstances where the Company is required either by law or in the best interests of our staff to pass information onto external authorities. These authorities are up to date with data protection law and have their own policies relating to the protection of any data that they receive or collect.
The intention to share data relating to individuals to an organisation outside of our Company shall be clearly defined within written notifications and details and basis for sharing that data given.
The GDPR restricts data transfers to countries outside the EEA in order to ensure that the level of data protection afforded to individuals by the GDPR is not undermined.
The Company will not transfer data to another country outside of the EEA without appropriate safeguards being in place and in compliance with the GDPR. All staff must comply with the Company’s guidelines on transferring data outside of the EEA. For the avoidance of doubt, a transfer of data to another country can occur when you transmit, send, view or access that data in that particular country.
Personal data must be made available to data subjects as set out within this policy and data subjects must be allowed to exercise certain rights in relation to their personal data.
The rights data subjects have in relation to how the Company handles their personal data are set out below: –
If any request is made to exercise the rights above, it is a requirement for the relevant staff member within the Company to verify the identity of the individual making the request.
A Data Subject has the right to be informed by the Company of the following: –
Any Data Subject who wishes to obtain the above information must notify the Company in writing of his or her request. This is known as a Data Subject Access Request.
The request should in the first instance be sent to Kevin McPherson, Data Protection Officer.
The Company is subject to certain rules and privacy laws when marketing. For example, a data subject’s prior consent will be required for electronic direct marketing (for example, by email, text or automated calls).
The Company will explicitly offer individuals the opportunity to object to direct marketing and will do so in an intelligible format which is clear for the individual to understand. The Company will promptly respond to any individual objection to direct marketing.
Employees may have access to the personal data of other members of staff, suppliers, distributors of the Company in the course of their employment or engagement. If so, the Company expects those employees to help meet the Company’s data protection obligations to those individuals. Specifically, you must: –
The Company will ensure compliance with data protection principles by implementing appropriate technical and organisational measures. We are responsible for and demonstrate accountability with the GDPR principles.
The Company has taken the following steps to ensure and document GDPR compliance: –
Please find below details of the Company’s Data Protection Officer: –
Kevin McPherson, Director, The Clarence Centre, 6 St George’s Circus, London, SE1 6FE.
The DPO is responsible for overseeing this data protection policy and developing data-related policies and guidelines.
Please contact the DPO with any questions about the operation of this Data Protection Policy or the GDPR or if you have any concerns that this policy is not being or has not been followed. In particular, you must always contact the DPO in the following circumstances: –
The GDPR requires the Company to notify any applicable personal data breach to the Information Commissioner’s Office (ICO) within 72 hours of becoming aware of the breach.
We will put in place procedures to deal with any suspected personal data breach and will notify data subjects or any applicable regulator where we are legally required to do so.
If you know or suspect that a personal data breach has occurred, do not attempt to investigate the matter yourself. Immediately contact the DPO.
The Company will provide detailed, specific information to data subjects. This information will be provided through the Company’s privacy notices which are concise, transparent, intelligible, easily accessible and in clear and plain language so that a data subject can easily understand them. Privacy notices sets out information for data subjects about how the Company uses their data and the Company’s privacy notices are tailored to suit the data subject.
Whenever we collect personal data directly from data subjects, including for human resources or employment purposes, we will provide the data subject with all the information required by the GDPR including the DPO’s details, the Company’s contact details, how and why we will use, process, disclose, protect and retain personal data.
When personal data is collected indirectly (for example from a third party or publically available source), we will provide the data subject with the above information as soon as possible after receiving the data. The Company will also confirm whether that third party has collected and processed data in accordance with the GDPR.
Notifications shall be in accordance with ICO guidance.
The Company adopts a privacy by design approach to data protection to ensure that we adhere to data compliance and to implement technical and organisational measures in an effective manner.
Privacy by design is an approach that promotes privacy and data protection compliance from the start. To help us achieve this, the Company takes into account the nature and purposes of the processing, any cost of implementation and any risks to rights and freedoms of data subjects when implementing data processes.
In order to achieve a privacy by design approach, the Company conduct DPIAs for any new technologies or programmes being used by the Company which could affect the processing of personal data. In any event the Company carries out DPIAs when required by the GDPR in the following circumstances: –
Our DPIAs contain: –
The Company is required to keep full and accurate records of our data processing activities. These records include: –
The Company will ensure all relevant personnel have undergone adequate training to enable them to comply with data privacy laws.
The Company through its data protection officer regularly tests our data systems and processes in order to assess compliance. These are done through data audits which take place /regularly in order to review use of personal data.