The EU General Data Protection Regulation (“GDPR”) came into force across the European Union on 25th May 2018 and brought with it the most significant changes to data protection law in two decades. Based on privacy by design, and taking a risk-based approach, the GDPR has been designed to meet the requirements of the digital age.
The new regulation aimed to standardise data protection laws and processing across the EU; affording individuals stronger, more consistent rights to access and control their personal information.
Brigantia Partners Limited (Brigantia) is committed to ensuring the security and protection of the personal information that it processes, and to provide a compliant and consistent approach to data protection. Brigantia has always had a robust and effective data protection program in place which abides by the data protection principles. However, Brigantia recognises its obligations in updating and expanding this program to meet the demands of the GDPR and the UK Data Protection Act 2018.
Brigantia is dedicated to safeguarding the personal information under its remit and in developing a data protection regime that is effective, fit for purpose and demonstrates an understanding of, and appreciation for the law. Brigantia’s preparation and objectives for GDPR compliance have been summarised in this statement and include the development and implementation of new data protection roles, policies, procedures, controls and measures to ensure maximum ongoing compliance.
HOW HAS BRIGANTIA PREPARED FOR GDPR
Brigantia already had a consistent level of data protection and security across the organisation, however, the following further actions have been taken:
- Information Audit – carrying out a company-wide information audit to identify and assess what personal information is held, where it comes from, how and why it is processed and if and to whom it is disclosed.
- Policies & Procedures – Revising data protection policies and procedures to meet the requirements and standards of the GDPR and any relevant data protection laws, including:
- Data Protection – the main policy and procedure documents for data protection have been overhauled to meet the standards and requirements of the GDPR. Accountability and governance measures are in place to ensure that the obligations and responsibilities are understood, adequately disseminated and evidenced, with a dedicated focus on privacy by design and the rights of individuals.
- Data Retention & Erasure – Brigantia has updated its retention policy and schedule to ensure that it meets the ‘data minimisation’ and ‘storage limitation’ principles and that personal information is stored, archived and destroyed compliantly and ethically. Brigantia has dedicated erasure procedures in place to meet the new ‘Right to Erasure’ obligation and is aware of when this and other data subjects’ rights apply; along with any exemptions, response timeframes and notification responsibilities.
- Data Breaches – Brigantia’s breach procedures ensure that safeguards and measures are in place to identify, assess, investigate and report any personal data breach at the earliest possible time. The procedures are robust and have been disseminated to all employees, making them aware of the reporting lines and steps to follow.
- International Data Transfers & Third-Party Disclosures – where Brigantia stores or transfers personal information outside the EU, robust procedures and safeguarding measures are in place to secure, encrypt and maintain the integrity of the data. The procedures include a continual review of the countries with sufficient adequacy decisions, as well as provisions for binding corporate rules; standard data protection clauses or approved codes of conduct for those countries without. We carry out strict due diligence checks with all recipients of personal data to assess and verify that they have appropriate safeguards in place to protect the information, ensure enforceable data subject rights and have effective legal remedies for data subjects where applicable.
- Data Subject Access Request – Brigantia has revised the procedures to accommodate the revised 30-day timeframe for providing the requested information and for making this provision free of charge. The new procedures detail how to verify the data subject, what steps to take for processing an access request, what exemptions apply and a suite of response templates to ensure that communications with data subjects are compliant, consistent and adequate.
- Legal Basis for Processing – all processing activities has been reviewed to identify the legal basis for processing and ensuring that each basis is appropriate for the activity it relates to. Where applicable, records of our processing activities are maintained, ensuring that the obligations under Article 30 of the GDPR and Schedule 1 of the Data Protection Bill are met.
- Data Privacy Notice– the Data Privacy Notice has been revised to comply with the GDPR, ensuring that all individuals whose personal information we process have been informed of why we need it, how it is used, what their rights are, who the information is disclosed to and what safeguarding measures are in place to protect their information.
- Obtaining Consent – the consent mechanisms for obtaining personal data have been revised, ensuring that individuals understand what they are providing, why and how it is used and giving clear, defined ways to consent to us processing their information. We have developed stringent processes for recording consent, making sure that an affirmative opt-in can be evidenced, along with time and date records; and an easy to see and access way to withdraw consent at any time.
- Direct Marketing – the wording and processes for direct marketing has been revised, including clear opt-in mechanisms for marketing subscriptions; a clear notice and method for opting out and providing unsubscribe features on all subsequent marketing materials.
- Data Protection Impact Assessments (DPIA) – where personal information that is considered high risk is processed, involves large-scale processing or includes a special category / criminal conviction data; stringent procedures and assessment templates for carrying out impact assessments that comply fully with the GDPR’s Article 35 requirements have been developed. Documentation processes that record each assessment have been developed, allow the risk posed by the processing activity and implement mitigating measures to reduce the risk posed to the data subject(s) to be rated.
- Processor Agreements – where any third-party is used to process personal information on Brigantia’s behalf (e.g. payroll, recruitment, hosting etc.), compliant processor agreements have been drafted along with due diligence procedures for ensuring that they, meet and understand both their and Brigantia’s GDPR obligations. These measures include initial and ongoing reviews of the service provided, the necessity of the processing activity, the technical and organisational measures in place and compliance with the GDPR.
- Special Categories Data – where any special category information is obtained and processed, it is done so in complete compliance with the Article 9 requirements and using high-level encryptions and protections on all such data. Special category data is only processed where necessary and is only processed where the appropriate Article 9(2) basis or the Data Protection Bill Schedule 1 condition has been first identified. Where consent for processing is being relied upon, this is explicit and is verified by a signature, with the right to modify or remove consent being clear.
DATA SUBJECT RIGHTS
In addition to the policies and procedures mentioned above that ensure individuals can enforce their data protection rights, easy to access information of an individual’s right to access any personal information that we possess about them is provided and the option to request information about:
- WWhat personal data is held about them
- The purposes of the processing
- The categories of personal data concerned
- The recipients to whom the personal data has/will be disclosed
- HHow long Brigantia intends to store their personal data for
- If Brigantia did not collect the data directly from them, information about the source
- The right to have incomplete or inaccurate data about them corrected or completed and the process for requesting this
- The right to request erasure of personal data (where applicable) or to restrict processing in accordance with data protection laws, as well as to object to any direct marketing and to be informed about any automated decision-making that is in use
- The right to lodge a complaint or seek judicial remedy and who to contact in such instances
INFORMATION SECURITY & TECHNICAL AND ORGANISATIONAL MEASURES
Brigantia takes the privacy and security of individuals and their personal information very seriously and takes every reasonable measure and precaution to protect and secure the personal data that it processes. Brigantia has robust information security policies and procedures in place to protect personal information from unauthorised access, alteration, disclosure or destruction and have several layers of security measures.
GDPR ROLES AND EMPLOYEES
Brigantia has a designated Data Protection Officer (DPO) and has appointed a data privacy team to ensure compliance with the new data protection law. The team is responsible for promoting awareness of the GDPR across the organisation and implementing the policies, procedures and measures. Brigantia understands that continuous employee awareness and understanding is vital to the continued compliance of the GDPR. Brigantia has implemented an employee training system which will be provided to all employees and forms part of the induction and annual training program. If you have any questions about Brigantia’s GDPR compliance then please contact the Brigantia Data Protection Officer (DPO).