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Privacy Policy

What are Cookies?

Cookies are small amounts of information which some websites store on your computer to make it easier for you to log on to and use them during future visits. In reality, a cookie is a small text file which is stored by the user’s browser and contains data, not code, so it can’t contain a virus or spyware. This doesn’t mean that all cookies are harmless in intent, but they can only ever store information.

All computers have the ability to decline cookies. You can configure your web browser to refuse cookies, or to be informed if a cookie is set. You can find out how to do this by clicking “help” on your browser menu.

If you wish to find out more about cookies visit www.allaboutcookies.org.

Information you provide to us

Your privacy is important to us. By providing personal information such as your name and e-mail address via the forms on this website, you agree to us contacting you with regard to the information you request. Some forms on our website also include a check box asking you for permission for us to add you to our mailing list. This is an opt-in mailing list and your personal information will be used solely by us. Under no circumstances will your personal information be sold or used by any other organisation, other than in compliance with your instructions.

From time to time, we may include links in our e-mails to other web sites which we think may be of interest to you. Each email communication you receive from us will have the option to remove your e-mail address from our list.

Information we monitor about visitors

During the course of any visit to our site, the pages you see, along with a short text file called a ‘cookie’, are downloaded to your computer. Many websites do this, because cookies facilitate useful features such as the ability to identify whether a user has successfully logged into the site or to find out whether the computer (and probably its user) has visited the website before.

We use cookies to improve your experience of our site (we do not track your identity). By using our website you agree to the use of cookies. Our Privacy Policy reflects our understanding of current legislation.

All information gathered via our website is automatically deleted after 90 days.

Data protection

We will always ask for your consent for any marketing communications with you (we will not send you anything if you have either “opted -out” or indicated that you no longer wish to receive such communications), however we will rely on legitimate interest as a lawful basis when communicating with you for more specific matters, for instance when responding to your enquiry.

Under current legislation you have certain rights and remedies concerning your personal information.

Introduction

The firm is required to comply in a number of ways with the statutory regulation on data protection.  It is the responsibility of the data protection officer to ensure that:

  • the firm is registered with the Information Commissioner for all necessary activities under the Act;
  • there is a process of continual review to determine whether any changes in the firm’s registration are required as a result of changes in the nature of the business;
  • the details of the firm as registered are kept up to date.

This Policy sets out the obligations of our practice regarding data protection and the rights of all our practice’s data subjects, e.g. clients, business contacts, staff, contractors etc. (“data subjects”) in respect of their personal data under EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).

The GDPR 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, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

This Policy sets the Practice’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data. The procedures and principles set out herein must be followed at all times by the Practice, its employees, agents, contractors, or other parties working on behalf of the Practice.

The Practice is committed not only to the letter of the law, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.

 

The Data Protection Principles

This Policy aims to ensure compliance with the GDPR. The GDPR sets out the following principles with which any party handling personal data must comply. All personal data must be:

Processed lawfully, fairly, and in a transparent manner in relation to the data subject.

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 in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes.

Adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.

Accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased, or rectified without delay.

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 in the public interest, scientific or historical research purposes, or statistical purposes, subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of the data subject.

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.

The Rights of Data Subjects

The GDPR sets out the following rights applicable to data subjects (please refer to the parts of this policy indicated for further details):

The right to be informed (Part 12) .

The right of access (Part 13);

The right to rectification (Part 14);

The right to erasure (also known as the ‘right to be forgotten’) (Part 15);

The right to restrict processing (Part 16);

The right to data portability (Part 17);

The right to object (Part 18); and

Rights with respect to automated decision-making and profiling (Parts 19 and 20).

Lawful, Fair, and Transparent Data Processing

The GDPR seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The GDPR states that processing of personal data shall be lawful if at least one of the following applies:

The data subject has given consent to the processing of their personal data for one or more specific purposes;

The processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract with them;

The processing is necessary for compliance with a legal obligation to which the data controller is subject;

The processing is necessary to protect the vital interests of the data subject or of another natural person;

The processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller; or

The processing is necessary for the purposes of the legitimate interests pursued 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 child.

If the personal data in question is “special category data” (also known as “sensitive personal data”) (for example, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation), at least one of the following conditions must be met:

The data subject has given their explicit consent to the processing of such data for one or more specified purposes (unless EU or EU Member State law prohibits them from doing so);

The processing is necessary for the purpose of carrying out the obligations and exercising specific rights of the data controller or of the data subject in the field of employment, social security, and social protection law (insofar as it is authorised by EU or EU Member State law or a collective agreement pursuant to EU Member State law which provides for appropriate safeguards for the fundamental rights and interests of the data subject);

The processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;

The data controller is a foundation, association, or other non-profit body with a political, philosophical, religious, or trade union aim, and the processing is carried out in the course of its legitimate activities, provided that the processing relates solely to the members or former members of that body or to persons who have regular contact with it in connection with its purposes and that the personal data is not disclosed outside the body without the consent of the data subjects;

The processing relates to personal data which is clearly made public by the data subject;

The processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity;

The processing is necessary for substantial public interest reasons, on the basis of EU or EU Member State law which shall be proportionate to the aim pursued, shall respect the essence of the right to data protection, and shall provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject;

The processing is necessary for the purposes of preventative or occupational medicine, for the assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social care or treatment, or the management of health or social care systems or services on the basis of EU or EU Member State law or pursuant to a contract with a health professional, subject to the conditions and safeguards referred to in Article 9(3) of the GDPR;

The processing is necessary for public interest reasons in the area of public health, for example, protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of EU or EU Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject (in particular, professional secrecy); or

The processing is necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) of the GDPR based on EU or EU Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection, and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.

Specified, Explicit, and Legitimate Purposes

The Practice collects and processes the personal data set out in Part 21 of this Policy. This includes:

Personal data collected directly from data subjects; and

Personal data obtained from third parties.

The Practice only collects, processes, and holds personal data for the specific purposes set out in Part 21 of this Policy (or for other purposes expressly permitted by the GDPR).

Data subjects are kept informed at all times of the purpose or purposes for which the Practice uses their personal data. Please refer to Part 12 for more information on keeping data subjects informed.

Adequate, Relevant, and Limited Data Processing

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 under Part 5, above, and as set out in Part 21, below.

Accuracy of Data and Keeping Data Up-to-Date

The Practice shall ensure that all personal data collected, processed, and held by it is kept accurate and up-to-date. This includes, but is not limited to, the rectification of personal data at the request of a data subject, as set out in Part 14, below.

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 erase that data, as appropriate.

Data Retention

The Practice shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.

When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.

For full details of the Practice’s approach to data retention, including retention periods for specific personal data types held by the Practice, please refer to our Data Retention Policy.

Secure Processing

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. Further details of the technical and organisational measures which shall be taken are provided in Parts 22 to 27 of this Policy.

Accountability and Record-Keeping

The name of the Practice’s Data Protection Officer is listed in the Register of policies plans procedures and reviews.

The Data Protection Officer shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, the Practice’s other data protection-related policies, and with the GDPR and other applicable data protection legislation.

The Practice shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:

The name and details of the Practice, its Data Protection Officer, and any applicable third-party data processors;

The purposes for which the Practice collects, holds, and processes personal data;

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;

Details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards;

Details of how long personal data will be retained by the Practice (please refer to the Practice’s Data Retention Policy); and

Detailed descriptions of all technical and organisational measures taken by the Practice to ensure the security of personal data.

Data Protection Impact Assessments

The Practice shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data which involve the use of new technologies and the processing involved is likely to result in a high risk to the rights and freedoms of data subjects under the GDPR.

Data Protection Impact Assessments shall be overseen by the Data Protection Officer and shall address the following:

The type(s) of personal data that will be collected, held, and processed;

The purpose(s) for which personal data is to be used;

The Practice’s objectives;

How personal data is to be used;

The parties (internal and/or external) who are to be consulted;

The necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;

Risks posed to data subjects;

Risks posed both within and to the Practice; and

Proposed measures to minimise and handle identified risks.

Keeping Data Subjects Informed

The Practice shall provide the information set out in Part 12.2 to every data subject:

Where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection; and

Where personal data is obtained from a third party, the relevant data subjects will be informed of its purpose:

if the personal data is used to communicate with the data subject, when the first communication is made; or

if the personal data is to be transferred to another party, before that transfer is made; or

as soon as reasonably possible and in any event not more than one month after the personal data is obtained.

The following information shall be provided:

Details of the Practice including, but not limited to, the identity of its Data Protection Officer;

The purpose(s) for which the personal data is being collected and will be processed (as detailed in Part 21 of this Policy) and the legal basis justifying that collection and processing;

Where applicable, the legitimate interests upon which the Practice is justifying its collection and processing of the personal data;

Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;

Where the personal data is to be transferred to one or more third parties, details of those parties;

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 safeguards in place (see Part 28 of this Policy for further details);

Details of data retention;

Details of the data subject’s rights under the GDPR;

Details of the data subject’s right to withdraw their consent to the Practice’s processing of their personal data at any time;

Details of the data subject’s right to complain to the Information Commissioner’s Office (the “supervisory authority” under the GDPR);

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; and

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.

Data Subject Access

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.

Data subjects wishing to make a SAR may do so in writing, using the Practice’s Subject Access Request Form, or other written communication. SARs should be addressed to the Practice’s Data Protection Officer at the firm’s head office.

Responses to SARs shall normally be made within one month of receipt, however this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the data subject shall be informed.

All SARs received shall be handled by the Practice’s Data Protection Officer.

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.

 

Rectification of Personal Data

Data subjects have the right to require the Practice to rectify any of their personal data that is inaccurate or incomplete.

The Practice shall rectify the personal data in question, and inform the data subject of that rectification, within one month of the data subject informing the Practice of the issue. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.

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.

Erasure of Personal Data

Data subjects have the right to request that the Practice erases the personal data it holds about them in the following circumstances:

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;

The data subject wishes to withdraw their consent to the Practice holding and processing their personal data;

The data subject 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) (see Part 18 of this Policy for further details concerning the right to object);

The personal data has been processed unlawfully;

The personal data needs to be erased in order for the Practice to comply with a particular legal obligation; OR

The personal data is being held and processed for the purpose of providing information society services to a child.

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 one month of receipt of the data subject’s request. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.

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 (unless it is impossible or would require disproportionate effort to do so).

Restriction of Personal Data Processing

Data subjects may request that the Practice ceases processing 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 is not processed further.

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).

Data Portability

The Practice processes personal data using automated means such as case management software.

Where data subjects have given their consent to the Practice to process their personal data in such a manner, or the processing is otherwise required for the performance of a contract between the Practice and the data subject, data subjects have the right, under the GDPR, to receive a copy of their personal data and to use it for other purposes (namely transmitting it to other data controllers).

To facilitate the right of data portability, the Practice shall make available all applicable personal data to data subjects in the most suitable format based on the firm’s data systems at the time of the request:

Where technically feasible, if requested by a data subject, personal data shall be sent directly to the required data controller.

All requests for copies of personal data shall be complied with within one month of the data subject’s request. The period can be extended by up to two months in the case of complex or numerous requests. If such additional time is required, the data subject shall be informed.

Objections to Personal Data Processing

Data subjects have the right to object to the Practice processing their personal data based on legitimate interests, direct marketing (including profiling), and processing for scientific and/or historical research and statistics purposes.

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 such processing override the data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.

Where a data subject objects to the Practice processing their personal data for direct marketing purposes, the Practice shall cease such processing immediately.

Where a data subject objects to the Practice processing their personal data for scientific and/or historical research and statistics purposes, the data subject must, under the GDPR, “demonstrate grounds relating to his or her particular situation”. The Practice is not required to comply if the research is necessary for the performance of a task carried out for reasons of public interest.

Automated Decision-Making

Where the Practice uses personal data in automated decision-making processes such as during the use of advanced case management software and possible future uses of Artificial intelligence, it will do so subject to the GDPR.

Where such decisions have a legal (or similarly significant effect) on data subjects, those data subjects have the right to challenge to such decisions under the GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from the Practice.

The right described in Part 19.2 does not apply in the following circumstances:

The decision is necessary for the entry into, or performance of, a contract between the Practice and the data subject;

The decision is authorised by law; or

The data subject has given their explicit consent.

Profiling

Where the Practice uses personal data for profiling purposes, it will do so subject to the GDPR.

When personal data is used for profiling purposes, the following shall apply:

Clear information explaining the profiling shall be provided to data subjects, including the significance and likely consequences of the profiling;

Appropriate mathematical or statistical procedures shall be used;

Technical and organisational measures shall be implemented to minimise the risk of errors. If errors occur, such measures must enable them to be easily corrected; and

All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling (see Parts 22 to 26 of this Policy for more details on data security).]

Personal Data Collected, Held, and Processed

The personal and other data that is collected, held, and processed by the Practice can be found in the practice’s Register of Information Assets and in the practice’s Record of Processing Activities (Controller).

Data Security – Transferring Personal Data and Communications

The Practice shall ensure that the following measures are taken with respect to all communications and other transfer involving personal data as far as is reasonably practicable:

All emails containing personal data should be encrypted;

All emails containing personal data must be marked “confidential”;

Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances;

Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;

Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself should be deleted. All temporary files associated therewith should also be deleted where reasonable practicable.

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;

Where personal data is to be transferred in hardcopy form it should be passed directly to the recipient whenever this is reasonably practicable and only posted where this is a more suitable means of transfer in all the circumstances.

All personal data to be transferred physically, whether in hardcopy form or on removable electronic media shall be transferred in a suitable container marked “confidential”.

Data Security – Storage

The Practice shall ensure that the following measures are taken with respect to the storage of personal data:

All electronic copies of personal data should be stored securely using passwords, and also data encryption where this is reasonably practicable;

All hardcopies of personal data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet, or similar;

All personal data stored electronically should be backed up. All backups should have suitable data and IT security;

No personal data should be stored on any mobile device (including, but not limited to, laptops, tablets, and smartphones), whether such device belongs to the Practice or otherwise without the formal written approval of the DPO and, in the event of such approval, strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary.

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 spirit of this Policy and of the GDPR (which may include demonstrating to the Practice that all suitable technical and organisational measures have been taken).

 

Data Security – Disposal

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 disposed of.

Data Security – Use of Personal Data

The Practice shall ensure that the following measures are taken with respect to the use of personal data:

No personal data may be shared informally and if an employee, agent, sub-contractor, or other party working on behalf of the Practice requires access to any personal data that they do not already have access to, such access should be formally requested from the DPO.

No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Practice or not, without the authorisation of the DPO

Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, sub-contractors, or other parties at any time;

If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it; and

Where personal data held by the Practice is used for marketing purposes, it shall be the responsibility of the DPO to ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third-party service such as the TPS.

Data Security – IT Security

The Practice shall ensure that the following measures are taken with respect to IT and information security:

All passwords used to protect personal data should be changed regularly and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lowercase letters, numbers, and symbols.

Under no circumstances should any passwords be written down or shared between any employees, agents, contractors, or other parties working on behalf of the Practice, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords;

All software (including, but not limited to, applications and operating systems) shall be kept up-to-date. The Practice’s IT staff/contractors shall be responsible for installing any and all security-related updates as soon as reasonably and practically possible after the updates are made available by the publisher or manufacturer unless there are valid technical reasons not to do so.

No software may be installed on any Practice-owned computer or device without the prior approval of the IT Manager or DPO.

Organisational Measures

The Practice shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:

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 GDPR and under this Policy, and shall be provided with a copy of this Policy;

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;

All employees, agents, contractors, or other parties working on behalf of the Practice handling personal data will be appropriately trained to do so;

All employees, agents, contractors, or other parties working on behalf of the Practice handling personal data will be appropriately supervised;

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;

Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;

All personal data held by the Practice shall be reviewed periodically, as set out in the Practice’s Data Retention Policy;

The performance of those employees, agents, contractors, or other parties working on behalf of the Practice handling personal data shall be regularly evaluated and reviewed;

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 GDPR and this Policy by contract;

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 GDPR; and

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 hold harmless the Practice against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.

Transferring Personal Data to a Country Outside the EEA

The Practice may from time to time transfer (‘transfer’ includes making available remotely) personal data to countries outside of the EEA.

The transfer of personal data to a country outside of the EEA shall take place only if one or more of the following applies:

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;

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 an approved code of conduct approved by a supervisory authority (e.g. the Information Commissioner’s Office); certification under an approved certification mechanism (as provided for in the GDPR); contractual clauses agreed and authorised by the competent supervisory authority; or provisions inserted into administrative arrangements between public authorities or bodies authorised by the competent supervisory authority;

The transfer is made with the informed consent of the relevant data subject(s);

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);

The transfer is necessary for important public interest reasons;

The transfer is necessary for the conduct of legal claims;

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; or

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.

Data Breach Notification

All personal data breaches must be reported immediately to the Practice’s Data Protection Officer.

If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational 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.

In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Part 29.2) to the rights and freedoms of data subjects, the Data Protection Officer must ensure that all affected data subjects are informed of the breach directly and without undue delay.

Data breach notifications shall include the following information:

The categories and approximate number of data subjects concerned;

The categories and approximate number of personal data records concerned;

The name and contact details of the Practice’s data protection officer (or other contact point where more information can be obtained);

The likely consequences of the breach;

Details of the measures taken, or proposed to be taken, by the Practice to address the breach including, where appropriate, measures to mitigate its possible adverse effects.

Implementation of Policy

This Policy shall be deemed effective immediately. However, no part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after the date of the adoption of the policy as set out in the practice’s Manual Amendment Tracker.

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