Tag: GDPR

gdpr

Are you ready for GDPR?

If your charity asks for, receives or holds personal information from others (including beneficiaries, users, donors, staff and volunteers) then the new regulations will apply from 25 May.

 

The ICO has produced a dedicated for charities and a helpline has been opened – click to view detail.

 

The Charity Finance Group has also produced a GDPR guide for charities to help with the process, which you can view by clicking

 

If you would like to discuss this further, please contact Tracey Johnson. Alternatively, you can call 01772 821021.

 

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gdpr

Are you aware of GDPR and its impact on you and your business?

An online survey conducted by MHA Chiks Chartered Accountants and Business Advisers, revealed that only 53% of business owners and professionals across the region are aware of GDPR and its impact on themselves and their business.

 

The new legislation is quickly approaching and is due to be implemented from 25 May 2018. Therefore, the response to the online survey may be somewhat concerning or on the other hand, comforting, for the 47% that remain unaware of the impact of GDPR as evidently, they are not alone.

 

GDPR will replace the Data Protection Act that was implemented in 1998. After 20 years of conforming to one set of rules and regulations it is no surprise that many are unaware of the best steps to take regarding their business and the new legislation.

 

With the impending legislation you may be wondering, where do I start?

 

Thankfully there is a lot of online material offering guidance and support to business owners and professionals to support them through the legislation change.

 

GDPR - what you need to know

GDPR – what you need to know

General Data Protection Regulation (GDPR) is a very important new piece of legislation that will replace the 1998 Data Protection Act. Its impact will reach everyone in business and is due to be implemented from 31 May 2018. It introduces tougher penalties for non-compliance and breaches but also gives an individual more power over the data and the type of information that companies hold on you.

GDPR

12 steps to help your legal firm prepare for GDPR

As you will have seen in the news, legislation relating to data protection is drastically changing from May 2018 in the form of the General Data Protection Regulation (GDPR). We understand the importance of compliance for legal professionals and firms due to the nature of the sensitive work they undertake. This legislative change will affect every staff member within your firm and we hope the following will provide you with initial guidance on how to prepare yourselves for GDPR.

 

What is GDPR?

 

The GDPR was approved by the European Parliament in April 2016 and will replace the 1995 data protection directive. GDPR intends to strengthen and harmonise data protection for all EU individuals and applies to any company that holds information about an EU citizen, which means it can impact companies globally.

 

As the EU is the UK’s largest trading zone the UK will still be expected to adopt the GDPR, or something very like it, regardless of the eventual deal reached by UK Government as part of Brexit negotiations. Therefore, it is vital that all UK businesses start to prepare for the changes that are coming, especially as non-compliance can lead to hefty penalties of up to €20m or 4% of a company’s turnover, whichever is greater.

 

What can you do now to prepare?

 

The additional compliance requirements may be viewed as a burden, even costly and disruptive. However, regardless of size, businesses should also view GDPR as a great new opportunity to enhance their information security practice from technical, governance and legal perspectives.

 

To help prepare for GDPR, here are 12 steps that the Information Commissioner’s Office advises that you take now:

 

Awareness – Make sure that senior management and key people in your organisation are aware that the law is changing and the impact GDPR will have on your business.

 

Information you hold – Document what personal data you hold, where it came from and who you share it with. You may need to organise an information audit.

 

Communicating privacy information – Review your current privacy notices and put a plan in place for making any necessary changes ahead of GDPR implementation.

 

Individual’s rights – Check your procedures to ensure they cover all the rights individuals have, including how you would delete personal data or provide data electronically and in a commonly used format.

 

Subject access requests – Update your procedures and plan how you will handle requests within the new timescales.

 

Legal basis for processing data – Review the various types of data processing you carry out, identify your legal basis for carrying it out and document it.

 

Consent –  Review how you are seeking, obtaining and recording consent and whether you need to make any changes.

 

Children – Start thinking now about putting systems in place to verify individuals’ ages and to gather parental or guardian consent for the data processing activity.

 

Data breaches – Make sure you have the right procedures in place to detect, report and investigate a personal data breach.

 

Privacy by design and impact assessments – Familiarise yourself now with the guidance the ICO has produced on Privacy Impact Assessments and work out how and when to implement them in your organisation.

 

Data Protection Officers – Designate a Data Protection Officer, if required, or someone to take responsibility for data protection compliance and assess where this role will sit within your organisation’s structure and governance arrangements.

 

International – If your organisation operates internationally, you should determine which data protection supervisory authority you come under.

 

How MHA Chiks are preparing for GDPR

 

As a fellow professional practice, MHA Chiks are leading by example and making changes to prepare for GDPR. As such, we actively encourage you to update your contact preferences to ensure you still keep receiving all our latest news, blogs, reports and event information. To do so, simply click here enter your details, select your preferences and click the ‘subscribe now’ button at the end of the form.

 

A version of this blog originally appeared on the website of one our association member firms, .

GDPR

Is your practice ready for the General Data Protection Regulation (GDPR)?

GDPR is arguably the most important data legislation change of recent times makes the task of keeping data safe more vital than ever before.

 

From May 2018 the new regulations come into place which will require some new elements to be considered and some significant enhancements to the original regulations, so you will have to do some things for the first time and some things differently

 

The GDPR regulations largely apply to personal data held by an organisation. This includes: names, photos, email addresses, bank details, posts on social networking websites, medical information and computer IP addresses.

It is therefore vitally important to ensure that you collect and store confidential data including patient and staff contact data in accordance with the GDPR. NHS Digital will be publishing a checklist to help practices implement the requirements of the new GDPR.

 

All practices must also maintain a business continuity plan, which should include details of how it will respond to data and cyber security incidents. Practices must also report data security incidents and near misses to CareCERT (An NHS digital system to deliver essential cyber security updates across the whole NHS). The GP IT services should help practices report and manage such incidents.

 

What can practices do to prepare for the May 2018 deadline?

 

  • Make sure you monitor, save and know who you share data with and where that information is held and stored at your practice.

 

  • Let your employees know why you require their personal data and that of the patients, the legal requirements, justifications and the application of consent. Ensure staff are fully trained in all aspects of the new legislation.

 

  • The Information Commissioners Office (a public body which reports to government and upholds information rights in the public interest), recommends that anyone processing data at ‘large scale’ should have a Data Protection Officer, who is a person responsible for verifying that you are complying with data protection.

 

  • Subject access requests (SAR) under the new rules differ from how you have been dealing with these under the current Data Protection Act, you will no longer need to charge patients coming to you with an SAR. Whereas you had 40 days to deal with these types of requests before, you now have a month to comply with the request.

 

  • The GDPR has higher requirements for consent. You will need to devise clear opt-out options and good records of consent

 

Overall, the GDPR will be an administrative burden for practices, but in so many ways it’s all about processes and procedures and isn’t as daunting as it perhaps seems at first glance.

 

Useful links:

 

NHS data protection training –

 

Data security protection requirements –

 

If you would like to discuss the impact of GDPR on your practice, or you would like to speak with a member of our team, please contact Susan Charnock or call 01772 821021 to be put in touch with a member of our Healthcare team.

Data Protection

New Data Protection Regulations – Are you ready?

Data protection has always been considered a key concern for big business. High profile data breaches in recent years highlight the scale on which data is now gathered and the risks inherent with collection of data en masse.

 

It has been almost two decades since the UK Data Protection Act was introduced in 1998. Since then, the internet has become critical to the success of most, if not all, organisations. Furthermore, the rise of social media and cloud storage have dramatically changed how an organisation markets its products and services.

 

However, data protection may not have been at the top of the small business owner’s ever-growing list of priorities. With the introduction of the EU General Data Protection Regulation (GDPR) on 25 May 2018, this will need to change.

 

What is GDPR?

 

The General Data Protection Regulation (GDPR) is the new EU privacy directive designed to harmonise data protection practice across Europe. The new legislation will offer more protection to citizens and their data. Individuals will be required to give explicit consent for their data to be collected and organisations will need to be clear as to their intended use of the information; gathering data without any purpose will no longer be possible.

 

GDPR will also enable the existing right of individuals under the UK Data Protection Act to request access to their private information, giving individuals the right to have their information removed from any record where their personal data is held with no compelling reason.

 

This means that all businesses will have new obligations and responsibilities and consideration needs to be given now as to how they will comply before GDPR comes into force next year.

 

But won’t Brexit mean my business doesn’t need to comply?

 

The Government has confirmed that the decision to leave the EU will not affect the introduction of GDPR; significantly, the legislation will apply to any organisation supplying goods and services to EU citizens and so any UK business exporting to the EU will need to comply irrespective of Brexit (‘hard’, ‘soft’ or otherwise).

 

For businesses whose activities are limited to the UK, following Brexit, the position is less clear but the Government has suggested that even after Brexit, equivalent legislation will be brought into effect.

 

The regulations will also apply irrespective of size, meaning listed companies and SMEs will be subject to the same rules.

 

What will my business need to do?

 

In order to ensure the regulations are adhered to, some business will need to appoint a Data Protection Officer (DPO). The DPO will need to be external to the IT function and will normally be a director or other individual in a position of significant influence. The appointment of a DPO is specifically required for certain types of organisation (see website of the Information Commissioner’s Office (ICO) for more details ). The need to appoint a DPO should be assessed on a case-by-case basis.

 

A key business activity affected by GDPR is sales and marketing. Businesses that regularly run email marketing campaigns will need to be able to demonstrate that recipients have explicitly opted in to receive your marketing electronically by keeping a formal record of when, where and how the opt in was made.

 

GDPR also means that robust processes must be established for detecting and responding to data breaches. Any breaches will need to be reported to the ICO within 72 hours.

 

We would therefore recommend conducting a review of how your business would respond in the event of a data breach and start formulating a plan for implementing any improvements.

 

So what next?

 

In the short term, we recommend taking the following steps:

 

• Designate someone within your business to take responsibility for compliance with GDPR and ensure they’re properly trained.

 

• Establish what personal data your business is storing and how.

 

• Assess how your business would respond in the event of a breach – could any improvements be made?

 

• Make sure you understand the regulations – the ICO website provides a wealth of information on GDPR, including a 12-step guide on how to prepare for the new legislation. .

 

This article originally appeared on the blog of MHA member firm, .

GDPR

12 steps to help you prepare for GDPR

What is GDPR?

The GDPR was approved by the European Parliament in April 2016 and will replace the 1995 data protection directive. GDPR intends to strengthen and harmonise data protection for all EU individuals and applies to any company that holds information about an EU citizen, which means it can impact companies globally.

 

As the EU is the UK’s largest trading zone the UK will still be expected to adopt the GDPR, or something very like it, regardless of the eventual deal reached by UK Government as part of Brexit negotiations. Therefore, it is vital that all UK businesses start to prepare for the changes that are coming. Especially as non-compliance can lead to hefty penalties of up to €20m or 4% of a company’s turnover, whichever is greater.

 

What can you do now to prepare?

The additional compliance requirements may be viewed as a burden, even costly and disruptive. However, regardless of size, businesses should also view GDPR as a great new opportunity to enhance their information security practice from technical, governance and legal perspectives.

 

To help prepare for GDPR, here are 12 steps that the Information Commissioner’s Office advises that you take now:

 

  1. Awareness – Make sure that senior management and key people in your organisation are aware that the law is changing and the impact GDPR will have on your business.
  2. Information you hold – Document what personal data you hold, where it came from and who you share it with. You may need to organise an information audit.
  3. Communicating privacy information – Review your current privacy notices and put a plan in place for making any necessary changes ahead of GDPR implementation.
  4. Individual’s rights – Check your procedures to ensure they cover all the rights individuals have, including how you would delete personal data or provide data electronically and in a commonly used format.
  5. Subject access requests – Update your procedures and plan how you will handle requests within the new timescales.
  6. Legal basis for processing data – Review the various types of data processing you carry out, identify your legal basis for carrying it out and document it.
  7. Consent –  Review how you are seeking, obtaining and recording consent and whether you need to make any changes.
  8. Children – Start thinking now about putting systems in place to verify individuals’ ages and to gather parental or guardian consent for the data processing activity.
  9. Data breaches – Make sure you have the right procedures in place to detect, report and investigate a personal data breach.
  10. Privacy by design and impact assessments – Familiarise yourself now with the guidance the ICO has produced on Privacy Impact Assessments and work out how and when to implement them in your organisation.
  11. Data Protection Officers – Designate a Data Protection Officer, if required, or someone to take responsibility for data protection compliance and assess where this role will sit within your organisation’s structure and governance arrangements.
  12. International – If your organisation operates internationally, you should determine which data protection supervisory authority you come under.

 

A version of this blog originally appeared on the website of one our association member firms, .

GDPR – What you need to know

General Data Protection Regulation (GDPR) is a new piece of legislation that will replace the 1998 Data Protection Act. It introduces tougher penalties for non-compliance and breaches but also gives an individual more power over what companies can do with their data and the type of information they can hold.

 

We’re joined by Ken Parker, Compliance Director at to provide you with more detail on the legislation due to come into force in May 2018.