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  • Writer's pictureTransition Law

Heavy fines are only part of the damage for getting Data Protection wrong!

Here are some Thoughts for business Owners during the Bank Holiday weekend…

Recently we have been asked to advise a number of clients all of whom are trading or planning to trade internationally. This may mean EU countries or further afield, places such as the USA and Canada or even India, Singapore and the far East.

Often, they assume a quick tweak to their existing data protection paperwork will suffice or use statements like ‘That’ll be Ok won’t it?” when what they really mean is “Do I really have to bother?”

So, as usual, we have to act like the anti-Santa bringing the bad news that their rose tinted international law spectacles have malfunctioned and the penalties they could be facing are existential for their business.

They sometimes get upset when they are asked to prove their compliance status by proposed business partners and seem surprised when we tell them sponsorship, endorsements, testimonials and other support may be withdrawn should they get into trouble over data protection.

The ICO (the UK data regulator) now has teeth and in addition to fines they publish on their website names and details of individuals and Companies convicted, fined or even reprimanded by them potentially causing irreversible reputational damage.

The MINIMUM requirements are to be compliant in the UK then ALSO follow the international rules. Do you need an Article 27 representative abroad? Have you at least got a data sharing agreement to deal with your overseas business partners? Are you the Data Controller or Data Processor or are they? Are you BOTH Controllers? Who knows? And Where does it say so?

Also, where can you get free initial advice to help you answer these questions? Well, that one we can easily answer......

– Speak to Transition Law on 0330 2233 506. (Not really the Anti Santa, just a Law firm trying to keep their clients safe)

Happy August Bank Holiday weekend – and remember there are only 122 days to Christmas!

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