1.1 This Policy details the obligations of Edmond Shipway LLP (hereafter referred to as “the Practice”) regarding data protection and the rights of employees, customers, suppliers (here after referred to as “data subjects”) in respect of their personal data under the Data Protection Act 2018 (which incorporates EU Regulation 2016/679 General Data Protection Regulation) (hereafter referred to as “DPA”).
1.2 The DPA defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”); an identifiable natural person is one who can be identified (directly or indirectly), in particular by reference to an identifier such as a name, location data, an online identifier or to one or more factors specific to the physical, physiological, economic, cultural or social identity of that natural person.
1.3 This policy sets out the Practice’s obligations and standards regarding the collection, processing, transfer, storage and disposal of personal data. The procedures and principles detailed within this policy are expected to be followed at all times by the Practice, its employees, agents, contractors or any other party working in partnership or on behalf of the Practice.
2.0 Why This Policy Exists
2.1 This policy is designed to help you better understand what data we hold and what we do with it, this policy also explains the rights available to you in respect of your personal data.
3.0 Summary Data Protection Principles
3.1 This policy aims to ensure compliance with the DPA. The DPA sets out the following principles with which any party handling personal data must comply.
All personal data must be:
3.2 Processed lawfully, fairly, and in a transparent manner in relation to the data subject.
3.3 Collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes. Further
processing for archiving purposes or statistical use shall not be considered incompatible with the initial purpose.
3.4 Adequate, relevant and limited to what is necessary in relation to the purpose for which it is processed.
3.5 Accurate and, where necessary, kept up to date.
3.6 Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. Personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes subject to the implementation of the
appropriate technical and organisational measures required by the DPA to safeguard the rights and freedoms of the data subject.
3.7 Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against
accidental loss, destruction, or damage, using appropriate technical or organisational measures.
4.0 Data Subject Rights
4.1 The DPA sets out the following rights applicable to data subjects:
4.2 The right to be informed.
4.3 The right of access.
4.4 The right to rectification.
4.5 The right to erasure (also known as the ‘right to be forgotten’).
4.6 The right to restrict processing.
4.7 The right to object.
5.0 Lawful, Fair and Transparent Data Processing
5.1 The DPA seeks to ensure that personal data is processed lawfully, fairly and transparently, without adversely affecting the rights of the data subject. The
DPA states that processing of personal data shall be lawful if at least one of the following applies:
5.1.1 The data subject has given consent to the processing of their personal data for one or more specific purposes.
5.1.2 The processing is necessary for the performance of a contract to which the data subject is party, or to take steps at the request of the data subject prior to entering into a contract with them.
5.1.3 The processing is necessary for compliance with a legal obligation to which the data controller is subject.
5.1.4 The processing is necessary to protect the vital interests of the data subject or of another natural person.
5.1.5 The processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority of the data controller.
5.1.6 The processing is necessary for the purposes of the legitimate interests pursed by the data controller or by a third party, except where such interests are
overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a
6.0 Specified, Explicit and Legitimate Purposes
6.1 The Practice collects and processes the personal data as set out in this policy.
6.1.1 Personal data collected directly from data subjects, for example contact details used when a data subject communicates with us.
6.1.2 Personal data obtained from third parties, for example contract details from a third party data provider for marketing or sales leads provided by product
6.2 The Practice collects, processes and holds personal data for the specific purposes set out in this policy (or for any other purpose expressly permitted by the DPA).
6.3 Data subjects are kept informed at all times of the purpose or purposes for which the Practice uses their personal data.
7.0 Adequate, Relevant and Limited Data Processing
7.1 The Practice will only collect and process personal data for and to the extent necessary, for the specific purpose or purposes of which data subjects have been informed (or will be informed) as set out in this policy.
8.0 Accuracy of Data and Keeping Data Up-to-Date
8.1 The Practice shall ensure that all personal data collected, processed, and held is kept up-to-date. This includes but is not limited to, the rectification of personal data at the request of a data subject.
8.2 The accuracy of personal data shall be checked when it is collected and at regular intervals thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken without delay to amend or remove that data, as appropriate.
9.0 Data Retention
9.1 The Practice shall not keep personal data for any longer than is necessary considering the purpose or purposes for which that personal data was originally collected, held, and processed.
9.2 When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.
10.0 Secure Processing
10.1 The Practice shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage.
11.0 Accountability and Record-Keeping
11.1 The Practice’s Data Protection Officer can be contacted at:
Data Protection Officer
Edmond Shipway LLP
2 Millennium Way West
11.2 The Data Protection Officer shall be responsible for overseeing the implementation of, and compliance with this policy, the Practice’s other data
protection-related policies, and with the DPA and other applicable data protection legislation.
11.3 The Practice shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:
11.3.1 The name and details of the Practice, its Data Protection Officer, and any applicable third-party data processors.
11.3.2 The purpose for which the Practice collects, holds, and processes personal data.
11.3.3 Details of the categories of personal data collected, held, and processed by the Practice, and the categories of data subject to which that personal data relates.
11.3.4 Details of any transfers of personal data to non-EEA countries including all mechanisms and security safe guards.
11.3.5 Details of how long personal data will be retained by the Practice.
11.3.6 Detailed description of all technical and organisation measures taken by the Practice to ensure the security of personal data.
12.0 Data Protection Impact Assessments
12.1 The Practice shall carry out Data Protection Impact Assessments for any and all new projects and / or new uses of personal data.
12.2 Data Protections Impact Assessments shall be overseen by the Data Protection Officer and shall address the following:
12.2.1 The type(s) of personal data that will be collected, held, and processed.
12.2.2 The purpose(s) for which personal data is to be used.
12.2.3 The Practice’s objectives.
12.2.4 How personal data is to be used.
12.2.5 The parties (internal and / or external) who are to be consulted.
12.2.6 The necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed.
12.2.7 Risks posed to data subjects.
12.2.8 Risks posed within the Practice
12.2.9 Risks posed to the Practice
12.2.10 Proposed measures to reduce risks
12.2.11 Proposed measures to mitigate any unavoidable identified risks.
13.0 Keeping Data Subjects Informed
13.1 The Practice shall provide the information set out in this policy to every data subject.
13.1.1 Where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection.
13.1.2 Where personal data is obtained from a third party, the relevant data subject will be informed of its purpose:
188.8.131.52 If the personal data is used to communicate with the data subject, when the first communication is made; or
184.108.40.206 If the personal data is to be transferred to another party, before that transfer is made.
13.2 The following information shall be provided:
13.2.1 Details of the Practice including, but not limited to, the identity and contact details of its Data Protection Officer.
13.2.2 The purpose(s) for which the personal data is being collected and will be processed (as detailed in this policy) and the legal basis justifying that collection and processing.
13.2.3 Where applicable, the legitimate interests upon which the Practice is justifying its collection and processing of the personal data.
13.2.4 Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed.
13.2.5 Where the personal data is to be transferred to one or more third parties, details of those parties.
13.2.6 Where the personal data is to be transferred to a third party that is located outside of the European Economic Area (the “EEA”), details of that transfer,
including but not limited to the safe guards in place.
13.2.7 Details of data retention periods.
13.2.8 Details of the data subject’s rights under the DPA.
13.2.9 Details of the data subject’s rights to withdraw their consent to the Practice’s processing of their personal data at any time.
13.2.10 Details of the data subjects right to complain to the Information Commissioner’s Office (the “supervisory authority” under the DPA).
13.2.11 Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it.
13.2.12 Details of any automated decision-making or profiling that will take place using the personal data, including information on how decisions will be made, the significance of those decisions, and any consequences.
14.0 Data Subject Access
14.1 Data subjects may make subject access requests (“SARs”) at any time to find out more about the personal data which the Practice holds about them, what it is doing with that personal data, and why.
14.2 Data subjects wishing to make a SAR may do so in writing to:
Data Protection Officer
Edmond Shipway LLP
2 Millennium Way West
Or by email: GDPR@shipway.co.uk
14.3 Responses to SARs shall normally be made within 30 days of receipt, however this may be extended by up to 60 days if the SAR is complex and / or multiple requests are made. If such additional time is required the data subjects shall be informed.
14.4 All SARs received shall be handled by the Practice’s Data Protection Officer.
14.5 The Practice does not charge a fee for the handling of normal SARs. The Practice reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.
15.0 Rectification of Personal Data
15.1 Data subjects have the right to require the Practice to rectify any of their personal data that in inaccurate or incomplete.
15.2 The Practice shall rectify the personal data in question, and inform the data subject of that rectification within 30 days of the data subject informing the Practice of the issue. This period can be extended by up to 60 days in the case of complex requests. If such additional time is required the data subject shall be informed.
15.3 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data.
16.0 Erasure of Personal Data
16.1 Data subjects have the right to request that the Practice erases the personal data it holds about them in the following circumstances:
16.1.1 It is no longer necessary for the Practice to hold that personal data with respect to the purpose(s) for which it was originally collected or processed.
16.1.2 The data subjects wishes to withdraw their consent to the Practice holding and processing their personal data.
16.1.3 The data subjects objects to the Practice holding and processing their personal data (and there is no overriding legitimate interest to allow the Practice to continue doing so).
16.1.4 The personal data has been processed unlawfully.
16.1.5 The personal data needs to be erased in order for the Practice to comply with a particular legal obligation.
16.2 Unless the Practice has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within 30 days of receipt of the data subjects request. This period can be extended by up to 60 days in the case of complex requests. If such additional time is required, the data subject shall be informed.
16.3 In the event that any personal data that is to be erased in response to a data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure instruction (unless it is impossible or would require disproportionate effort to do so).
17.0 Restriction of Personal Data Processing
17.1 Data subjects may request that the Practice ceases processing of the personal data it holds about them. If a data subject makes such a request, the Practice shall retain only the amount of personal data concerning that data subject (if any) that is necessary to ensure that the personal data in question in not processed further.
17.2 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).
18.0 Objections to Personal Data Processing
18.1 Data subjects have the right to object to the Practice processing their data based on legitimate interests, direct marketing (including profiling).
18.2 Where a data subject objects to the Practice processing their personal data based on its legitimate interests, the Practice shall cease such processing immediately, unless it can be demonstrated that the Practice’s legitimate grounds for processing override the data subject’s interests, rights, and freedoms, or that processing is necessary for the conduct of legal claims.
18.3 Where a data subject objects to the Practice processing their personal data for direct marketing purposes, the Practice shall cease such processing immediately.
19.0 Personal Data Collected, Held and Processed
19.1 The following personal data is collected, held and processed by the Practice:
19.1.1 Names of individuals, including but not limited to contact names of customers, suppliers, staff and those in our marketing database (including job titles). The names are stored and used to facilitate:
220.127.116.11 contact to those individuals.
19.1.2 Postal addresses, including but not limited to addresses of customers, suppliers, staff and those in our marketing database. These addresses are securely stored and used to facilitate:
18.104.22.168 contact with those individuals;
22.214.171.124 the supply of agreed services;
126.96.36.199 contractual obligations.
19.1.3 Email addresses, including but not limited to email addresses of customers, suppliers, staff and those in our marketing database. These addresses are securely stored and used to facilitate:
188.8.131.52 contact with those individuals;
184.108.40.206 the supply of agreed services;
220.127.116.11 contractual obligations.
Where email addresses are stored in our marketing database those addresses will be used for agreed marketing purposes. All data subjects retain the right to
opt-out or update their marketing preferences at all times.
19.1.4 Telephone numbers, including but not limited to telephone numbers of customers, suppliers, staff and those in our marketing database. These telephone numbers are stored and used to facilitate:
18.104.22.168 contact with those individuals;
22.214.171.124 the supply of agreed services;
126.96.36.199 contractual obligations.
Where telephone numbers are stored in our marketing database those numbers will be used for agreed marketing purposes. All data subjects have the right to opt-out or update their marketing preferences at all times.
19.1.5 Bank details, including but not limited to bank and direct debit details of customers, suppliers and staff.
These details are stored securely and used in the processing of finance and payroll related operations.
19.1.6 Names of staff are held in HR files together with other personal data required to process payroll and staff management.
20.0 Data Security – Transferring Personal Data and Communications
20.1 The Practice shall ensure that the following measures are taken with respect to all communications and other transfers involving personal data:
20.1.1 Personal data may be transferred over secure networks only – transmission over unsecured networks is not permitted under any circumstances.
20.1.2 Where personal data is to be sent by facsimile transmission the recipient should be informed in advance of the transmission and should be waiting by the fax machine to receive the data.
20.1.3 Where personal data is to be transferred in hardcopy format it should be passed directly to the recipient or sent via recorded delivery.
21.0 Data Security – Storage
21.1 The Practice shall ensure that the following measures are taken with respect to the storage of personal data:
21.2 All electronic copies of personal data should be stored securely using passwords and data encryption where appropriate.
21.3 All hardcopies of personal data, along with electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet, secure room or similar.
21.4 All personal data stored electronically should be backed up. All backups should be encrypted.
21.5 No personal data should be stored on any mobile device (including, but not limited to, laptops, tablets, and smartphones), regardless of device ownership without the formal written approval of the Data Protection Officer. In the event of such approval storage of data must be in accordance will all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary.
21.6 No personal data should be transferred to any device personally belonging to an employee and personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of the Practice where the party in question has agreed to comply fully with the letter and ethos of this policy and of the DPA (which may include demonstrating to the Practice that all suitable technical and organisational measures have been taken).
22.0 Data Security – Disposal
22.1 When any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and/or disposed of.
23.0 Data Security – Use of Personal Data
23.1 The Practice shall ensure that the following measures are taken with respect to the use of personal data:
23.1.1 Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, sub-contractors or other parties at any time.
23.1.2 If personal data is being viewed on a screen (including but not limited to computer, laptop, tablets, mobile screens) the user must lock the computer and screen before leaving it.
23.1.3 Where personal data held by the Practice is used for marketing purposes, it shall be the responsibility of the Marketing Manager to ensure that the appropriate consent is obtained and manage the data subjects right to opt-out.
24.0 Data Security – IT Security
24.1 The Practice shall ensure that the following measures are in place with respect to IT and information / data security:
24.2 Passwords are used to protect access to personal data, in line with the Information Security Management Policy.
24.3 Under no circumstances should any password or access information be stored in any place other than the appropriate knowledge management system. If a password is lost / forgotten it must be reset using the applicable method.
24.4 All software (including, but not limited to, applications and operating systems) shall be kept up to date. The Practice’s IT staff shall be responsible for installing any and all security related updates as soon as reasonably and practically possible, unless there are valid technical reasons this should not be done.
25.0 Organisational Measures
25.1 The Practice shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:
25.2 All employees, agents, contractors, or other parties working on behalf of the Practice shall be made fully aware of both their individual responsibilities and the Practice’s responsibilities under the DPA and under this policy, and shall be provided with a copy of this policy.
25.3 Only employees, agents, sub-contractors, or other parties working on behalf of the Practice that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by the Practice.
25.4 All employees, agents, contractors, or other parties working on behalf of the Practice handling personal data will be appropriately educated to do so.
25.5 All employees, agents, contractors, or other parties working on behalf of the Practice handling personal data will be appropriately supervised.
25.6 All employees, agents, contractors, or other parties working on behalf of the Practice handling personal data shall be required and encouraged to exercise
care, caution, and discretion when discussing work-related matters that relate to personal data, whether in the workplace or otherwise.
25.7 Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed.
25.8 All personal data held by the Practice shall be reviewed periodically, as set out in the Practice’s Data Retention Policy.
25.9 All employees, agents, contractors, or other parties working on behalf of the Practice handling personal data will be bound to do so in accordance with the
principles of the DPA and this policy by contract.
25.10 All agents, contractors, or other parties working on behalf of the Practice handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the Practice arising out of this policy and the DPA.
25.11 Where any agent, contractor or other party working on behalf of the Practice handling personal data fails in their obligations under this policy that party shall indemnify and will not hold the Practice against any cost, liability, damages, loss, claims, or proceedings which may arise out of that failure.
26.0 Transferring Personal Data to a Country Outside the EEA
26.1 The Practice may from time to time transfer (‘transfer’ includes making available remotely) personal data to countries outside of the EEA.
26.2 The transfer of personal data to countries outside of the EEA shall take place only if one or more of the following applies:
26.2.1 The transfer is to a country, territory or one or more specific sectors in that country (or an international organisation), that the European Commission has determined ensures an adequate level of protection for personal data.
26.2.2 The transfer is to a country (or international organisation) which provides appropriate safeguards in the form of a legally binding agreement between public authorities or bodies; binding corporate rules; standard data protection clauses adopted by the European Commission; compliance with a code of conduct authorised by a supervisory authority (e.g. the Information Commissioner’s Office); certification under an approved certification mechanism (as provided for in the DPA); contractual clauses agreed and authorised by the competent supervisory authority; or provisions inserted into administrative agreements between public authorities or bodies authorised by the competent supervisory authority.
26.2.3 The transfer is made with the informed consent of the relevant data subject(s).
26.2.4 The transfer is necessary for the performance of a contract between the data subject and the Practice (or for pre-contractual steps taken at the request of the data subject).
26.2.5 The transfer is necessary for important public interest reasons.
26.2.6 The transfer is necessary for the conduct of legal claims.
26.2.7 The transfer is necessary to protect the vital interests of the data subject or other individuals where the data subject is physically or legally unable to give their consent.
26.2.8 The transfer is made from a register that, under UK or EU law, is intended to provide information to the public and which is open for access by the public in general or otherwise to those who are able to show a legitimate interest in accessing the register.
27.0 Data Breach Notification
27.1 All personal data breaches must be reported immediately to the Practice’s Data Protection Officer.
27.2 If a personal data breach occurs and the breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputation damage, or other significant social or economic damage), the Data Protection Officer must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.
27.3 In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that detailed in Part 27.2) to the rights and freedoms of the data subjects, the Data Protection Officer must ensure that all affected data subjects are informed of the breach directly and without undue delay.
27.4 Data breach notifications shall include the following information:
27.4.1 The categories and approximate number of data subjects concerned.
27.4.2 The categories and approximate number of personal data records concerned.
27.4.3 The name and contact details of the Practice’s Data Protection Officer (or other contact point where information can be obtained).
27.4.4 The likely consequences of the breach.
27.4.5 Details of the measures taken, or proposed to be taken, by the Practice to address the breach, including, where appropriate, measures to mitigate possible adverse effects.
28.0 Policy Implementation
28.1 This policy shall be in force as of 25th May 2018.