Data Protection

Data protection is an issue that no business can afford to ignore. The growth of e-commerce and digital communications means that businesses now hold, and are therefore responsible for, far more information about their customers, targets and employees than ever before.

This proliferation of data has been accompanied by new and more stringent rules governing its use and protection, particularly with respect to marketing activities, and increased penalties for those who fail to comply. At the same time, there is now much closer scrutiny over compliance from public bodies, the courts, the European Commission and the media. The consequences of failing to observe data protection laws are significant – from both a financial and a reputational perspective.

At Fladgate, we have extensive experience in helping clients to minimise the legal risks associated with data protection while minimising interference to business processes. We have advised in high profile data protection cases in the UK and assisted public sector clients in negotiating the rules relating to freedom of information, privacy and human rights. Our work also covers data issues arising from commercial or corporate transactions.

Our experience includes:

  • Internal data protection compliance, such as HR
  • External data protection compliance, such as marketing lists
  • Policies, processes and guidelines for data protection compliance
  • Legal issues surrounding data sharing
  • Data protection issues when commercial arrangements between two organisations (such as outsourcing) are being onsidered, including data export
  • Data security
  • Direct marketing and email marketing

We advise public and private sector clients on freedom of information, including:

  • Making requests (for private sector)
  • Policies and request processes (for public sector)
  • Commercial agreements between the public and private sector

For GDPR-related legal updates, please visit Fladgate Privacy Updates

If you have any questions or queries please call Eddie on +44 (0)20 3036 7362 or email

Clients find that the IT group at Fladgate provides “outstanding commercial advice”, and that the lawyers’ “wealth of experience has paid dividends”. The team acts for buyers and suppliers of IT services, and handles the full range of related contract, commercial and transactional work. Key areas of expertise include cloud computing and data protection.

Chambers UK
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Fladgate LLP handles soft IP litigation across the media and sports sectors, with particular expertise in publishing and e-publishing. The team also advises on data protection and security, e-commerce, digital media and social media. It acted for Monster Energy on a number of marketing and advertising campaigns. Digital Cinema Media, Odeon Cinemas and Parkway Cinemas are also clients. IP, technology and commercial specialist Eddie Powell heads the team. James Earl, who joined from Pinsent Masons LLP in 2016, leads the sports group; corporate lawyer David Robinson handles capital markets and M&A in the technology and publishing sectors. Commercial lawyer Alan Wetterhahn is also noted.

Legal 500

  • Litigation – acting for a party in obtaining an injunction to restrain the use of personal data which had been accidentally disclosed to a third party.
  • Database Group – proposed agreement with a US corporation for the supply of email marketing software and related support services and on data protection issues including potential liability and security issues relating to lists of customer data supplied by its clients.
  • Litigation – acting for a party in a landmark Court of Appeal decision which determined the definition of “processing” of personal data and other issues of interpretation of the law.
  • Geneu – advising a new luxury consumer brand on the data protection compliance implications of collecting genetic information about customers, and preparing appropriate policies and consents.
  • Overseas government – data protection issues relating to the collection and use of personal data by their UK representative office.
  • Subject access requests – advising data controller clients on numerous subject action requests, and complaints to ICO in connection with responses, almost always ending positively for our clients.