9th May 2019
We normally speak to clients who are already trading and are playing catch up with various things, some more important than others. One thing that it is unwise to avoid is your GDPR compliance, the fines are huge, the naming and shaming is harsh and the fix is actually quite easy BUT what if you’re a start up business when should you think about GDPR – Well, here’s the answer:
The rules say that if you process Personal Data before you are compliant you are committing a CRIMINAL offence, so before you start trading, before you accept that first piece of Personal data such as a prospects name and address, perhaps a suppliers details and ESPECIALLY before you contract with your first customer or client you MUST by Law have ensured your business is compliant.
Here is a short checklist to help keep you safe.
NB: All of these items are legally required BEFORE you start trading.
1) Register with the Information Commissioners Office (£40 per year for most people) you can do it online, takes 5 minutes. Fail to do it, Criminal offence, MINIMUM FINE £400.
2) Complete a Data Audit, write it down, use it to formulate your data protection documents. In this way your documents are GUARANTEED to be bespoke to your business, like the regulations require.
3) Using the Data Audit information, prepare a set of documents detailing your data protection policies, including Privacy Policy, Subject Access Request Policy, Data Retention Policy, Data Breach policy etc.
4) Use a precis of the documents on your website as your Online Privacy Policy.
5) Relax and begin trading.
If you do number 5 before you do 1 – 4, mis-handle Personal data, get a criminal record, a large fine, disqualified as a Director or a prison sentence at least you wont be able to say ‘No one told me’.
The organisation you have started is like your own #ROYAL BABY, it needs proper handling, protection and care, no one else can do that but you, if you look after it well, it will feed you and your family perhaps for generations to come, if you abuse it, it won’t.
It is your responsibility to make good, intelligent, commercially focussed business decision., Furthermore, it is your legal duty as a Director to think of the welfare of your Company and provide for its future and that of your shareholders, staff and customers, they place their trust in you to do this and if you don’t – Who will?
Since May 25th last year Transition Law has offered free legal advice to both start up and trading companies regarding data protection. Since last year we have offered a free membership of the SHIELD program to any compliant business and since last year not one of our clients has had a fine from the ICO.
To date, as a result of ICO investigations and prosecutions there have been 16 Company Directors disqualified from holding office, dozens of fines in excess of £50,000 and even prison sentences handed out directly relating to data privacy failures.
Even if you are confident you are compliant you have nothing to lose by organising a FREE telephone call to set your mind at rest.
Call us today on 0330 2233 506 to book a free call and protect your own ROYAL BABY, before its too late!
