Privacy Law | GDPR Advice Solicitors London | KSC Legal
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PRACTICE AREAS

Privacy law and the GDPR (General Data Protection Regulations)    

Privacy affects a greater part of our lives than ever before. And that is because the potential for powerful governments, companies, and institutions to intrude into our lives is greater than ever before with the advent of the internet.

You are likely to be aware of the General Date Protection Regulations which came into effect in May 2018. They are designed to protect individuals against unnecessary intrusion, to protect privacy,  and they provide guidelines within which organisations which hold individuals’ personal sensitive data must act, in order to protect that data.

If you have suffered as a result of a breach of the Regulations, we may be able to assist you in making a claim or to request certain action to rectify the breach.

If you run a business and you seriously breach the GDPR, you may be fined heavily and ordered to pay compensation as well. A fine may be up to £20 million. You may need advice in how to deal with the Information Commissioner’s Office (ICO), which regulates and deals with enforcement of the GDPR.     

Privacy is not just governed by these Regulations, and a ‘breach of privacy’ may give rise to a civil claim which you can bring in the civil courts as well. For example, the European Court of Human Rights has led the way in the expression of a right to a private life (Article 8.1). Each case needs individual assessment. 

The aim of the GDPR is to govern the processing and use of personal data. Data must be:

- Processed fairly, transparently, and in a secure manner

- Collected only for specific legitimate purposes

- Adequate, relevant, and limited to what is necessary

- Accurate and kept up-to-date

- Stored only for as long as necessary    

 

In addition, data may only be processed:

- If the data subject has given their consent

- To meet contractual or legal obligations 

- To protect the vital interests of the data subject

- For the legitimate interests of the organisation 

 

Most businesses will deal with the personal data of customers, clients, and suppliers. The ICO will not easily accept an excuse for failing to deal with it in accordance with the GDPR obligations.

One of the most important things that all businesses that collect personal date must ensure, is that they must have a tailor-made privacy policy, which is compliant with the GDPR. The policy must be prominently displayed on their website. It is no good 'cutting and pasting' one from one of your competitors. You may be in breach of copyright law by doing that, and also it may be completely ineffective! Contact us for a consultation on what you may need to do to comply with the GDPR properly.  

If you are seeking legal assistance for your business related to GDPR or data protection, we offer expert and practical advice at an affordable price. Please do not hesitate to contact us for more information.

 

KSC Legal works for a variety of clients including small and medium-sized businesses as well as individuals. Our instructions come from both sides: employees and employers.

We are able to advise on terms and conditions of employment, procedures and implementation to ensure businesses are equipped to deal with complaints and claims when they arise and to avoid them wherever possible.

Please visit our news page for more up-to-date information about employment law.

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