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