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Data Protection

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Matched with specialist data protection solicitors with proven track records.

What is Data Protection?

Data Protection Solicitors | GDPR Compliance & Privacy Law

Data protection law affects every organization handling personal information. From GDPR compliance to privacy policy development, data protection requirements are complex and constantly evolving. Our specialist data protection solicitors ensure your organization meets all legal obligations while supporting business growth.

What Our Data Protection Solicitors Can Help With

  • GDPR Compliance: Comprehensive compliance audits and implementation
  • Privacy Policies: Compliant privacy notices and cookie policies
  • Data Transfer Agreements: International data transfers and Standard Contractual Clauses
  • ICO Investigation Defense: Regulatory investigation management and enforcement proceedings
  • Data Subject Rights: Handling access requests and erasure demands
  • Data Processing Agreements: Controller-processor contracts and joint processing
  • Privacy Impact Assessments: DPIAs for high-risk processing activities
  • Consent Management: Valid consent frameworks and withdrawal mechanisms

GDPR Compliance Framework

Core Compliance Requirements:

  • Lawful Basis: Identifying valid legal basis for each processing activity
  • Data Minimization: Processing only necessary personal data
  • Purpose Limitation: Using data only for specified purposes
  • Accuracy: Maintaining accurate and up-to-date records
  • Storage Limitation: Retention schedules and deletion procedures
  • Security: Technical and organizational measures (TOMs)

Organizational Requirements:

  • Data Protection Officer: DPO appointment and independence
  • Records of Processing: Article 30 documentation requirements
  • Privacy by Design: Embedding privacy in systems and processes
  • Staff Training: Data protection awareness and competency
  • Vendor Management: Third-party data processing oversight
  • Incident Response: Breach detection and notification procedures

Privacy Policies and Notices

Transparent privacy information is legally required:

  • Website Privacy Policies: Comprehensive information about data processing
  • Cookie Policies: Compliant cookie consent and management
  • Employee Privacy Notices: Workplace data processing transparency
  • Customer Privacy Notices: Clear communication of data use
  • Marketing Communications: Consent and opt-out mechanisms
  • CCTV Signage: Surveillance privacy information requirements

International Data Transfers

Transferring personal data outside the UK requires legal protection:

Transfer Mechanisms:

  • Adequacy Decisions: EEA countries and adequate third countries
  • Standard Contractual Clauses: EU and UK SCCs for international transfers
  • Binding Corporate Rules: Intra-group transfer frameworks
  • Certification Schemes: Approved certification for data protection

Transfer Risk Assessment:

  • Third country surveillance laws and government access
  • Local data protection laws and enforcement
  • Additional safeguards and technical measures
  • Data subject redress mechanisms

Data Subject Rights Management

Individuals have extensive rights over their personal data:

Access Rights (Article 15):

  • Responding to subject access requests within one month
  • Providing copy of personal data and processing information
  • Identity verification and legitimate request assessment
  • Excessive or unfounded request charges

Other Data Subject Rights:

  • Rectification: Correcting inaccurate personal data
  • Erasure: Right to be forgotten and deletion obligations
  • Restriction: Limiting processing in certain circumstances
  • Portability: Providing data in machine-readable format
  • Objection: Stopping processing based on legitimate interests
  • Automated Decision-Making: Rights regarding profiling and algorithms

ICO Enforcement and Investigations

ICO has significant enforcement powers for data protection breaches:

Investigation Process:

  • Initial Assessment: ICO review of complaints and breach notifications
  • Information Requests: Formal requests for documents and explanations
  • Site Visits: ICO inspections and evidence gathering
  • Preliminary Findings: Draft findings and opportunity to respond
  • Final Determination: ICO decision and enforcement action
  • Appeals Process: First-tier Tribunal appeals and judicial review

Enforcement Powers:

  • Administrative Fines: Up to £17.5 million or 4% of annual turnover
  • Enforcement Notices: Orders to comply with data protection law
  • Stop Processing Orders: Prohibition on specific processing activities
  • Criminal Prosecution: Serious breaches may result in criminal charges
  • Director Disqualification: Personal liability for company directors
  • Audit Powers: Compulsory audits for public authorities

Data Protection Impact Assessments

DPIAs are mandatory for high-risk processing activities:

When DPIAs are Required:

  • Systematic monitoring of publicly accessible areas
  • Large-scale processing of special category data
  • Systematic evaluation or scoring of individuals
  • Automated decision-making with legal effects
  • Processing vulnerable individuals' data
  • Innovative technology use with privacy risks

DPIA Components:

  • Description of processing activities and purposes
  • Assessment of necessity and proportionality
  • Identification of privacy risks to individuals
  • Measures to address and mitigate risks
  • Stakeholder consultation where appropriate
  • ICO consultation for high residual risks

Special Category Data

Sensitive personal data requires additional protection:

Special Category Types:

  • Racial or ethnic origin
  • Political opinions and religious beliefs
  • Trade union membership
  • Genetic and biometric data for identification
  • Health information
  • Sex life and sexual orientation data

Processing Conditions:

  • Explicit consent from data subjects
  • Employment law obligations and rights
  • Vital interests protection
  • Legitimate activities of foundations and associations
  • Manifestly made public by data subject
  • Legal claims establishment or defense

Data Protection Costs

Compliance Services:

  • GDPR compliance audit: £2,000-£10,000
  • Privacy policy development: £500-£2,500
  • Data processing agreements: £750-£3,000
  • DPIA preparation: £1,000-£5,000

Investigation Defense:

  • ICO investigation response: £2,500-£15,000
  • Enforcement notice appeal: £5,000-£25,000
  • Administrative fine appeal: £10,000-£100,000+
  • Criminal defense: £7,500-£50,000

Employee Data Protection

Workplace data processing has specific considerations:

  • Recruitment Data: CV processing and background checks
  • Employee Monitoring: Email monitoring and CCTV surveillance
  • Performance Management: Performance data and disciplinary records
  • Health Data: Occupational health and medical information
  • Payroll Data: Financial information and tax records
  • Exit Procedures: Data deletion and transfer to new employers

Marketing and Communications

Data protection affects all marketing activities:

  • Email Marketing: PECR compliance and consent requirements
  • Telemarketing: TPS registration and legitimate interests
  • Direct Mail: Postal opt-outs and data protection compliance
  • Profiling: Automated decision-making and customer analytics
  • Social Media: Platform data sharing and privacy controls
  • Third-Party Lists: Data acquisition and due diligence

Why Choose SolicitorConnect for Data Protection

  • GDPR Specialists: Solicitors exclusively focused on data protection law
  • ICO Experience: Proven track record in regulatory proceedings
  • Practical Approach: Business-focused compliance solutions
  • Technical Understanding: Knowledge of data systems and technology
  • International Expertise: Cross-border data transfer specialists
  • Training Programs: Staff education and awareness development

Data protection compliance protects both your organization and the individuals whose data you process, building trust and avoiding regulatory penalties.

This information is for general guidance only and does not constitute legal advice. For specific legal advice tailored to your situation, please consult with a qualified solicitor.

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Frequently Asked Questions

Common questions about data protection and how our solicitors can help

DPIAs are required for high-risk processing including systematic monitoring of public areas, large-scale processing of special category data, systematic evaluation or scoring of individuals, automated decision-making with legal effects, processing vulnerable individuals' data, or using innovative technology. Our data protection solicitors help you identify when DPIAs are needed and conduct compliant assessments.

Respond within one month (extendable by two months for complex requests) providing copy of personal data, processing purposes, data categories, recipients, retention periods, and rights information. Verify identity, assess if request is manifestly unfounded or excessive, and provide information in commonly used electronic format. Our data protection specialists help you establish compliant access request procedures.

International transfers outside the UK require adequate protection through adequacy decisions, Standard Contractual Clauses, Binding Corporate Rules, or other approved mechanisms. Assess third country laws and implement additional safeguards where necessary. Document transfer impact assessments and maintain records of transfers. Our international data transfer specialists ensure compliant cross-border data flows.

You need a DPO if you're a public authority, your core activities involve regular and systematic monitoring of individuals, or you process large amounts of special category data. DPOs must be independent, adequately resourced, and report to highest management level. Our data protection solicitors help you assess DPO requirements and establish appropriate governance structures.

Consent must be freely given, specific, informed, and unambiguous. Use clear affirmative action (not pre-ticked boxes), separate consent requests for different purposes, and provide easy withdrawal mechanisms. Document consent records and regularly review consent basis. For children under 13, obtain parental consent. Our consent specialists help you design compliant consent mechanisms.

Enhanced protection applies to children's data requiring clear, simple language, consent verification procedures (parental consent for under-13s), and data minimization. Consider child's best interests, use age-appropriate privacy notices, and implement appropriate technical measures. Our children's data specialists help you comply with enhanced protection requirements.

Implement retention schedules specifying how long you keep different data types, regular deletion procedures, and documentation of retention decisions. Balance legal obligations, business needs, and data minimization principles. Establish secure deletion procedures and maintain records of deletion activities. Our data retention specialists help you develop compliant retention frameworks.

Contact a data protection solicitor immediately. You typically have limited time to respond or appeal. Assess the notice requirements, gather evidence, and consider whether to appeal or comply. Non-compliance can result in increased penalties. Our ICO enforcement specialists have extensive experience defending enforcement proceedings and minimizing penalties.

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How SolicitorConnect Works

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1

Describe Your Data Protection Need

Tell us about your data protection situation and requirements using our simple enquiry form.

2

Get Matched with Specialists

We connect you with qualified data protection solicitors who have the right expertise for your case.

3

Compare Quotes & Choose

Review proposals from multiple solicitors and choose the one that's right for you and your budget.

4

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Work directly with your chosen data protection solicitor to resolve your legal matter successfully.

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