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The ability to use data effectively is often business-critical and data is a valuable asset adding real benefit to your operations and ultimately your success as a business. Data assists you in making informed business decisions and the determination of strategic direction as well as product and service development.
However the regulatory landscape is complex and increasingly shaped by EU-wide and international legislation and protocols, combined with increasing public concern and scrutiny regarding the security of personal information and the ways in which it is used. The costs and risks of mismanaging data are high; with high fines, reputational issues and even criminal penalties should things go wrong.
Our expert team of lawyers is here to advise and assist you with your strategic approach to handling data within your organisation. We have considerable knowledge and experience advising on the day-to-day use of data within your business – from managing your employees, customers and suppliers through to privacy issues with your products and advertising and marketing your products and services. We also have extensive experience advising on privacy issues associated with behavioural advertising and location information, browser-generated information and device recognition technologies. We act for global data companies in respect of privacy implications of their day-to-day operations and development of new technology.
Drafting agreements for data processing, sharing and storage including cloud computing.
Transfer of data outside the European Economic Area, including advising on the use of Safe Harbor certification and the use of model clauses and binding corporate rules.
Drafting policies and procedures including website privacy notices, website terms and conditions of use and cookies policies.
Advising on the data protection issues associated with marketing activities such as obtaining consent to send unsolicited marketing communications, the use of suppression lists and the purchase and sale of marketing databases.
We act on behalf of clients who are under investigation for data breach from the Information Commissioner’s Office or other regulatory bodies.
We draft and review contractual, licensing and services agreements to ensure compliance with European data protection regulation.
We offer a range of auditing services advising companies on their internal approach to data protection and privacy and data breach.
We provide advice on dealing with subject access and freedom of information requests.
We manage the registration and renewal process for notifications with the Information Commissioner’s Office (ICO).
We offer bespoke on-site training and seminars for clients in a range of sectors on data protection and cyber security issues.
There has been much enthusiasm amongst lawyers for Master McCloud’s initiative to improve the management and trial of abuse claims.
Where someone’s private information has been disclosed, how do you determine the compensation they should receive?
On 4 January 2017, Action Fraud, the UK’s national reporting centre for fraud and cyber-crime, issued a cyber-security alert to schools.
Over the last five years, we have seen an increasing number of damages claims brought against local authorities for the accidental disclosure of adopters’ confidential personal details to the birth family.
They provide clear, thorough advice, and are very good at understanding what we want, and getting straight to the point.
Great service and lovely people. Never made to feel that I should know something when I don't!
They have excellent visibility in the market, with useful contacts and vast experience of working within our sector. They have also responded quickly to every request we have made.
They are highly skilled legal advisers who are always willing to help.
They did an excellent job. They were always available, responsive, pragmatic and easy to work with.
Working closely with a client who is developing its advertising and marketing practices and building greater knowledge of the implications of recent Article 29 Working Party opinions on device fingerprinting.
Advising a major insurance provider in relation to: (i) an audit of its existing affinity partnership agreements and associated marketing arrangements and (ii) developing a new form of affinity partnership agreement and in-house practices to demonstrate enhanced compliance with data protection and regulatory requirements. The work is important to our client as it relates to a growth area of the business and potential new marketing channels.
Ensuring DPA compliance when our client’s auditors raised concerns over their compliance with all the provisions of the Data Protection Act 1998. Our client attended one of our data protection law training sessions and instructed us to undertake an evaluation of its sites and working practices to rectify any compliance issues. We asked each area of the organisation to complete a pre-audit form, we interviewed staff, examined files and assessed the technological measures in place to protect the personal data they held and how this was used. Our client received a full breakdown of our findings and our recommendations ensured the client was fully compliant and satisfied the original concerns of the auditor, reducing the risks of future legal action.
Many of our lawyers have previously worked in-house or undertaken secondments within our specialist sectors and understand the pressures and challenges faced by businesses.
Advising a national public body on its policy in dealing with FOI requests. The client received confidential information alleging the misuse of public money and was concerned to ensure it was able to keep the identity of those providing such information confidential. We advised on the application of the Freedom of Information Act 2000 and the ability of the body to refuse to confirm or deny whether certain information was held. We also advised on the procedures to be adopted going forward in dealing with requests of this nature.
At a recent conference on Big Data, chief executive of the Civil Service, spoke about the potential of big data in government and the commitment to becoming a “data-driven government”.
The EU Commission has recently published its communication and accompanying Staff Working Document entitled 'Building a European Data Economy'.
The ICO has taken enforcement action against companies for alleged breaches of the Privacy and Electronic Communications Regulations and has issued a number of significant fines.
The second reading of the Unsolicited Marketing Communications Bill is expected to take place on 18 November 2016 and signals the strongest move yet by the Government to eradicate nuisance calls.
The Information Commissioner’s Office (ICO) is the UK’s independent authority set up to uphold information rights in the public interest.
Our Information Compliance Audit is a one day on-site audit carried out by one of our expert data protection lawyers.
With eye-watering financial penalties and the risk of disastrous damage to reputation, are you confident that your systems and processes would withstand the consequences of a breach?
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