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The New EU Data Protection Directive

With the coming into force of EU data protection legislation and the rising reputational and regulatory risks from data breaches, please see below a data compliance checklist, which we hope your organisation or business will find useful.
  1.  NOTIFICATION
    • Business registered with the Information Commissioner’s Office?
    • If registered, is entry up to date/relevant/wide enough to cover future uses?
  1. COMPLIANCE WITH DATA PROTECTION PRINCIPLES
    • What personal information is held and why
    • Is the information collected necessary for the purposes for which it is held?
    • How is accuracy of personal information checked?
    • How is information kept up to date?
    • How long is information held?
    • Where is information held?
      1. If on servers, where are servers based?
      2. Is the information secure?
    • What staff have access to the information and why?
    • Is the information disclosed to any third parties?
    • What details are provided when information is collected?
  1. POLICIES
    • Have staff been trained in data protection?
    • Data Retention Policy
    • Data Security Policy
    • Access to Information Policy
    • Subject Access Request Policy
  1. DATA PROTECTION OFFICER
  • Is there a named person/job title with responsibility for data protection?  (Not currently required, but likely to be a requirement when new EU legislation comes into force).
  1. RIGHTS OF DATA SUBJECTS
    • Procedures/guidance in place for dealing with a Subject Access Request?
    • Procedures/guidance in place for dealing with a section 10 Notice (request to delete data that may cause damage/distress)?
© Stone King LLP, October 2014
If you would like further information about the Regulations or if you have any concerns or queries in relation to them, please contact Vicki Bowles, Senior Associate or Brian Miller, solicitor and partner, IP/IT & Commercial.
Vicki Bowles is a barrister specialising in data protection and information management law and Brian Miller is a solicitor at Stone King LLP, providing specialist advice in the fields of intellectual property, IT, data protection and commercial law.
Disclaimer: This article may not be reproduced without the prior written permission of the author. This article reflects the current law and practice. It is general in nature, and does not purport in any way to be comprehensive or a substitute for specialist legal advice in individual circumstances.

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