Written by Policy Pros, UK Policy Writing Specialists at Policy Pros
Last reviewed:
Data Protection Policy Writers
Why Your Organisation Needs a Data Protection Policy
If your organisation handles personal data, it is imperative to have a robust Data Protection and Confidentiality Policy in place. This policy is not just about compliance; it is about ensuring that your data, a vital asset, is guarded effectively, with all employees adhering to established protocols.
Our policy writing service is dedicated to developing Data Protection and Confidentiality policies that are tailored to your business's needs, ensuring full compliance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
The UK GDPR and Data Protection Act 2018
Following the UK's departure from the European Union, the UK GDPR was retained in domestic law through the European Union (Withdrawal) Act 2018 and is supplemented by the Data Protection Act 2018. Together, these form the primary legal framework governing the processing of personal data in the UK.
The UK GDPR establishes seven key data protection principles that must be adhered to whenever personal data is processed:
Lawfulness, fairness and transparency - Personal data must be processed lawfully, fairly and in a transparent manner in relation to the data subject
Purpose limitation - Personal data must be collected for specified, explicit and legitimate purposes and not further processed in a manner incompatible with those purposes
Data minimisation - Personal data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed
Accuracy - Personal data must be accurate and, where necessary, kept up to date
Storage limitation - Personal data must be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which it is processed
Integrity and confidentiality (security) - Personal data must be processed in a manner that ensures appropriate security, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage
Accountability - The data controller is responsible for, and must be able to demonstrate compliance with, all of the above principles
Lawful Bases for Processing
Under the UK GDPR, organisations must identify a valid lawful basis before processing personal data. There are six lawful bases available:
Consent of the data subject
Performance of a contract with the data subject
Compliance with a legal obligation
Protection of vital interests of the data subject or another person
Performance of a task carried out in the public interest or in the exercise of official authority
Legitimate interests pursued by the controller or a third party, except where overridden by the interests, rights or freedoms of the data subject
Organisations must document which lawful basis applies to each processing activity. Where consent is relied upon, it must be freely given, specific, informed and unambiguous. The Privacy and Electronic Communications Regulations (PECR) impose additional requirements in relation to electronic marketing, cookies and similar technologies.
Data Protection Impact Assessments
A Data Protection Impact Assessment (DPIA) is required under Article 35 of the UK GDPR where a type of processing is likely to result in a high risk to the rights and freedoms of individuals. This includes, but is not limited to, systematic and extensive profiling, large-scale processing of special category data, and systematic monitoring of publicly accessible areas.
A DPIA must describe the nature, scope, context and purposes of the processing, assess the necessity and proportionality of the processing in relation to its purpose, identify and assess risks to individuals, and identify the measures in place to mitigate those risks. Where a DPIA indicates that the processing would result in a high risk that cannot be mitigated, the organisation must consult the Information Commissioner's Office (ICO) before proceeding.
Breach Notification Requirements
Under the UK GDPR, organisations must report certain personal data breaches to the ICO within 72 hours of becoming aware of them, where the breach is likely to result in a risk to the rights and freedoms of individuals. Where a breach is likely to result in a high risk to individuals, the data subjects must also be notified without undue delay.
Organisations should have clear procedures in place for detecting, reporting and investigating personal data breaches. All breaches, whether reported to the ICO or not, must be documented, including the facts of the breach, its effects, and the remedial action taken. The ICO has the power to impose significant fines for breaches of the UK GDPR, with penalties of up to 17.5 million pounds or 4 per cent of annual global turnover, whichever is greater.
Data Protection Officer Requirements
Under Article 37 of the UK GDPR, certain organisations are required to appoint a Data Protection Officer (DPO). This requirement applies to public authorities and bodies, organisations whose core activities consist of processing operations that require regular and systematic monitoring of data subjects on a large scale, and organisations whose core activities consist of processing special categories of data or data relating to criminal convictions on a large scale.
Even where the appointment of a DPO is not mandatory, many organisations choose to appoint one voluntarily as a matter of good practice. The DPO's role includes informing and advising the organisation on its data protection obligations, monitoring compliance, providing advice on DPIAs, and acting as the point of contact for the ICO.
Customised Data Protection and Confidentiality Policies
Through a comprehensive consultation process, we gain an in-depth understanding of your business operations to produce policies and confidentiality documents that address your data storage, handling, and governance needs. Our policies cover a wide range of areas including, but not limited to:
IT Security: We outline the protocols for safeguarding digital data, including encryption, access controls, regular security audits, and alignment with Cyber Essentials certification requirements
Remote Working: Given the rise in remote work, we specify guidelines for secure data access and protection outside the office
Paper Document Security: Despite the digital shift, paper documents still play a role in many businesses. Our policies address secure storage, disposal, and handling of physical records
Additional Data Protection Areas: We also consider other vital aspects such as email security, mobile device management, and third-party data handling to ensure comprehensive coverage
How We Support Your Business
We offer a spectrum of services, from standard to fully customised IT Security and Data Protection policies, confidentiality documents and Information Asset Registers. Our bespoke policies for businesses with specific needs include detailed processes around Subject Access Requests, in-depth analysis of software and auditing practices, security certifications, and precise data storage locations.
We aim to equip your organisation with the tools and knowledge to protect sensitive information effectively, ensuring compliance with the UK GDPR and the Data Protection Act 2018, and safeguarding your operations against data breaches. Our wider compliance policies service covers related regulatory obligations across all business areas.
