Privacy and Data Protection Policy – The PRG Partnership Solicitors

General Privacy Policy

Background:

The PRG Partnership understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website, https://prg.co.uk (“Our Site”) and (subject to the limited exceptions in section 6, below) We do not collect personal data about you unless you contact us (see section 5, below). Any personal data We do collect will only be used as permitted by law.

Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.

Definitions and Interpretation
In this Policy, the following terms shall have the following meanings:
“personal data” means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and
“We/Us/Our” means The PRG Partnership whose main trading address is 1 Kilbowie Rd, Clydebank, G81 1TL, UK.
Information About Us
1. Our Site is operated by Techonik, Park Lane House, 47 Broad Street, Glasgow, G40 2QW.
2. Our VAT number is 261 0190 02.
3. We are regulated by The Law Society of Scotland.
What Does This Policy Cover?
This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that We have no control over how your data is collected, stored, or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.
Your Rights
1. As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold:
  1. The right to be informed about Our collection and use of personal data;
  2. The right of access to the personal data we hold about you (see section 8);
  3. The right to rectification if any personal data We hold about you is inaccurate or incomplete (please contact Us using the details in section 9);
  4. The right to be forgotten – i.e. the right to ask Us to delete any personal data We hold about you (We only hold your personal data for a limited time, as explained in section 6 but if you would like Us to delete it sooner, please contact Us using the details in section 9);
  5. The right to restrict (i.e. prevent) the processing of your personal data;
  6. The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
  7. The right to object to Us using your personal data for particular purposes; and
  8. Rights with respect to automated decision making and profiling.
2. If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 9 and We will do Our best to solve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.
3. For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau.
What Data Do We Collect?
1. Subject to section 5.2, We do not collect any personal data from you. We do not place cookies on your computer or device, nor do We use any other means of data collection.
2. If you send Us an email, We may collect your name, your email address, and any other information which you choose to give Us.
How Do We Use Your Data?
1. If We do collect any personal data, it will be processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with Our obligations and safeguard your rights under the GDPR at all times. For more details on security see section 7, below.
2. As noted above, We do not generally collect any personal data. If you contact Us and We obtain your personal details from your email, We may use them as follows:
  1. To reply to your email;
  2. To deal with your business in furtherance of your instructions.
3. Any and all emails containing your personal data will be deleted in accordance with the regulations and guidelines made by The Law Society of Scotland.
4. You have the right to withdraw your consent to Us using your personal data at any time, and to request that We delete it.
5. We will not share any of your data with any third parties for any purposes except as is necessary to carry out the work we are instructed by you to do on your behalf.
How and Where Do We Store Your Data?
1. We only keep your personal data for as long as We need to in order to use it as described above in section 6, and/or for as long as We have your permission to keep it.
2. Your data will only be stored in the UK.
How Can You Access Your Data?
You have the right to ask for a copy of any of your personal data held by Us (where such data is held). Under the GDPR, no fee is payable and We will provide any and all information in response to your request free of charge. Please contact Us for more details at scotslaw@prg.co.uk, or using the contact details below in section 9.
Contacting Us
If you have any questions about Our Site or this Privacy Policy, please contact Us by email at scotslaw@prg.co.uk, by telephone on 0141 353 0550 or by post at 1 Kilbowie Rd, Clydebank, G81 1TL. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 8, above).
Changes to Our Privacy Policy
We may change this Privacy Policy from time to time (for example, if the law changes). Any changes will be posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

Data Protection Policy

The PRG Partnership
Data Protection Policy
May 2018

Introduction
This Policy sets out the obligations of The PRG Partnership having it’s Head Office at 1 Kilbowie Rd, Clydebank, G81 1TL (“the Firm”) regarding data protection and the rights of clients, staff and business contacts (“data subjects”) in respect of their personal data under EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).
The GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
This Policy sets the Firm’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data. The procedures and principles set out herein must be followed at all times by the Firm, its employees, agents, contractors, or other parties working on behalf of the Firm.
The Firm is committed not only to the letter of the law, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.
The Data Protection Principles
This Policy aims to ensure compliance with the GDPR. The GDPR sets out the following principles with which any party handling personal data must comply. All personal data must be:
1. Processed lawfully, fairly, and in a transparent manner in relation to the data subject.
2. Collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes. Further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes.
3. Adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.
4. Accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased, or rectified without delay.
5. Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. Personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of the data subject.
6. Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organisational measures.
The Rights of Data Subjects
The GDPR sets out the following rights applicable to data subjects (please refer to the parts of this policy indicated for further details):
1. The right to be informed (Part 12).
2. The right of access (Part 13);
3. The right to rectification (Part 14);
4. The right to erasure (also known as the ‘right to be forgotten’) (Part 15);
5. The right to restrict processing (Part 16);
6. The right to data portability (Part 17);
7. The right to object (Part 18); and
8. Rights with respect to automated decision-making and profiling (Parts 19 and 20).
Lawful, Fair, and Transparent Data Processing
1. The GDPR seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The GDPR states that processing of personal data shall be lawful if at least one of the following applies:
  1. The data subject has given consent to the processing of their personal data for one or more specific purposes;
  2. The processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract with them;
  3. The processing is necessary for compliance with a legal obligation to which the data controller is subject;
  4. The processing is necessary to protect the vital interests of the data subject or of another natural person;
  5. The processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller; or
  6. The processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
2. If the personal data in question is “special category data” (also known as “sensitive personal data”) (for example, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation), at least one of the following conditions must be met:
  1. The data subject has given their explicit consent to the processing of such data for one or more specified purposes (unless EU or EU Member State law prohibits them from doing so);
  2. The processing is necessary for the purpose of carrying out the obligations and exercising specific rights of the data controller or of the data subject in the field of employment, social security, and social protection law (insofar as it is authorised by EU or EU Member State law or a collective agreement pursuant to EU Member State law which provides for appropriate safeguards for the fundamental rights and interests of the data subject);
  3. The processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
  4. The data controller is a foundation, association, or other non-profit body with a political, philosophical, religious, or trade union aim, and the processing is carried out in the course of its legitimate activities, provided that the processing relates solely to the members or former members of that body or to persons who have regular contact with it in connection with its purposes and that the personal data is not disclosed outside the body without the consent of the data subjects;
  5. The processing relates to personal data which is clearly made public by the data subject;
  6. The processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity;
  7. The processing is necessary for substantial public interest reasons, on the basis of EU or EU Member State law which shall be proportionate to the aim pursued, shall respect the essence of the right to data protection, and shall provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject;
  8. The processing is necessary for the purposes of preventative or occupational medicine, for the assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social care or treatment, or the management of health or social care systems or services on the basis of EU or EU Member State law or pursuant to a contract with a health professional, subject to the conditions and safeguards referred to in Article 9(3) of the GDPR;
  9. The processing is necessary for public interest reasons in the area of public health, for example, protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of EU or EU Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject (in particular, professional secrecy); or
  10. The processing is necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) of the GDPR based on EU or EU Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection, and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.
Specified, Explicit, and Legitimate Purposes
1. The Firm collects and processes the personal data set out in Part 19 of this Policy. This includes:
  1. Personal data collected directly from data subjects; and
  2. Personal data obtained from third parties.
2. The Firm only collects, processes, and holds personal data for the specific purposes set out in Part 19 of this Policy (or for other purposes expressly permitted by the GDPR).
3. Data subjects are kept informed at all times of the purpose or purposes for which the Firm uses their personal data. Please refer to Part 12 for more information on keeping data subjects informed.
Adequate, Relevant, and Limited Data Processing
The Firm will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which data subjects have been informed (or will be informed) as under Part 5, above, and as set out in Paragraph 19 below.
Accuracy of Data and Keeping Data Up-to-Date
1. The Firm shall ensure that all personal data collected, processed, and held by it is kept accurate and up-to-date. This includes, but is not limited to, the rectification of personal data at the request of a data subject, as set out in Part 14, below.
2. The accuracy of personal data shall be checked when it is collected and at regular intervals thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.
Data Retention
1. The Firm shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.
2. When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.
3. For full details of the Firm’s approach to data retention, including retention periods for specific personal data types held by the Firm, please refer to our Data Retention Policy.
Secure Processing
The Firm shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Further details of the technical and organisational measures which shall be taken are provided in Parts 22 to 27 of this Policy.
Accountability and Record-Keeping
1. The Firm’s Data Protection Officer is John G A Mackie, The PRG Partnership, 1 Kilbowie Rd, Clydebank, G81 1TL. Telephone 0141 353 0550. Email jgamackie@prg.co.uk.
2. The Data Protection Officer shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, the Firm’s other data protection-related policies, and with the GDPR and other applicable data protection legislation.
3. The Firm shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:
  1. The name and details of the Firm, its Data Protection Officer, and any applicable third-party data processors;
  2. The purposes for which the Firm collects, holds, and processes personal data;
  3. Details of the categories of personal data collected, held, and processed by the Firm, and the categories of data subject to which that personal data relates;
  4. Details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards;
  5. Details of how long personal data will be retained by the Firm (please refer to the Firm’s Data Retention Policy); and
  6. Detailed descriptions of all technical and organisational measures taken by the Firm to ensure the security of personal data.
Data Protection Impact Assessments
1. The Firm shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data which involve the use of new technologies and the processing involved is likely to result in a high risk to the rights and freedoms of data subjects under the GDPR.
2. Data Protection Impact Assessments shall be overseen by the Data Protection Officer and shall address the following:
  1. The type(s) of personal data that will be collected, held, and processed;
  2. The purpose(s) for which personal data is to be used;
  3. The Firm’s objectives;
  4. How personal data is to be used;
  5. The parties (internal and/or external) who are to be consulted;
  6. The necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;
  7. Risks posed to data subjects;
  8. Risks posed both within and to the Firm; and
  9. Proposed measures to minimise and handle identified risks.
Keeping Data Subjects Informed
1. The Firm shall provide the information set out in Part 12.2 to every data subject:
  1. Where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection; and
  2. Where personal data is obtained from a third party, the relevant data subjects will be informed of its purpose:
    1. if the personal data is used to communicate with the data subject, when the first communication is made; or
    2. if the personal data is to be transferred to another party, before that transfer is made; or
    3. as soon as reasonably possible and in any event not more than one month after the personal data is obtained.
2. The following information shall be provided:
  1. Details of the Firm including, but not limited to, the identity of its Data Protection Officer;
  2. The purpose(s) for which the personal data is being collected and will be processed (as detailed in Part 19 of this Policy) and the legal basis justifying that collection and processing;
  3. Where applicable, the legitimate interests upon which the Firm is justifying its collection and processing of the personal data;
  4. Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;
  5. Where the personal data is to be transferred to one or more third parties, details of those parties;
  6. Where the personal data is to be transferred to a third party that is located outside of the European Economic Area (the “EEA”), details of that transfer, including but not limited to the safeguards in place (see Part 28 of this Policy for further details);
  7. Details of data retention;
  8. Details of the data subject’s rights under the GDPR;
  9. Details of the data subject’s right to withdraw their consent to the Firm’s processing of their personal data at any time;
  10. Details of the data subject’s right to complain to the Information Commissioner’s Office (the “supervisory authority” under the GDPR);
  11. Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it; and
  12. Details of any automated decision-making or profiling that will take place using the personal data, including information on how decisions will be made, the significance of those decisions, and any consequences
Data Subject Access
1. Data subjects may make subject access requests (“SARs”) at any time to find out more about the personal data which the Firm holds about them, what it is doing with that personal data, and why.
2. Employees wishing to make a SAR should do using a Subject Access Request Form, sending the form to the Firm’s Data Protection Officer at The PRG Partnership, 1 Kilbowie Rd, Clydebank, G81 1TL.
3. Responses to SARs shall normally be made within one month of receipt, however this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the data subject shall be informed.
4. All SARs received shall be handled by the Firm’s Data Protection Officer.
5. The Firm does not charge a fee for the handling of normal SARs. The Firm reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.
Rectification of Personal Data
1. Data subjects have the right to require the Firm to rectify any of their personal data that is inaccurate or incomplete.
2. The Firm shall rectify the personal data in question, and inform the data subject of that rectification, within one month of the data subject informing the Firm of the issue. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.
3. In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data.
Erasure of Personal Data
1. Data subjects have the right to request that the Firm erases the personal data it holds about them in the following circumstances:
  1. It is no longer necessary for the Firm to hold that personal data with respect to the purpose(s) for which it was originally collected or processed;
  2. The data subject wishes to withdraw their consent to the Firm holding and processing their personal data;
  3. The data subject objects to the Firm holding and processing their personal data (and there is no overriding legitimate interest to allow the Firm to continue doing so) (see Part 18 of this Policy for further details concerning the right to object);
  4. The personal data has been processed unlawfully;
  5. The personal data needs to be erased in order for the Firm to comply with a particular legal obligation; or
  6. The personal data is being held and processed for the purpose of providing information society services to a child.
2. Unless the Firm has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.
3. In the event that any personal data that is to be erased in response to a data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).
Restriction of Personal Data Processing
1. Data subjects may request that the Firm ceases processing the personal data it holds about them. If a data subject makes such a request, the Firm shall retain only the amount of personal data concerning that data subject (if any) that is necessary to ensure that the personal data in question is not processed further.
2. In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).
Data Portability
1. The Firm processes personal data using automated means via computer.
2. Where data subjects have given their consent to the Firm to process their personal data in such a manner, or the processing is otherwise required for the performance of a contract between the Firm and the data subject, data subjects have the right, under the GDPR, to receive a copy of their personal data and to use it for other purposes (namely transmitting it to other data controllers).
3. To facilitate the right of data portability, the Firm shall make available all applicable personal data to data subjects in the following formats:
  1. PDF; or
  2. Paper copy.
4. Where technically feasible, if requested by a data subject, personal data shall be sent directly to the required data controller.
5. All requests for copies of personal data shall be complied with within one month of the data subject’s request. The period can be extended by up to two months in the case of complex or numerous requests. If such additional time is required, the data subject shall be informed.
Objections to Personal Data Processing
1. Data subjects have the right to object to the Firm processing their personal data based on legitimate interests, direct marketing (including profiling).
2. Where a data subject objects to the Firm processing their personal data based on its legitimate interests, the Firm shall cease such processing immediately, unless it can be demonstrated that the Firm’s legitimate grounds for such processing override the data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.
3. Where a data subject objects to the Firm processing their personal data for direct marketing purposes, the Firm shall cease such processing immediately.
Personal Data Collected, Held, and Processed
Personal data, including names, addresses, other contact details and financial and other personal information is collected, held, and processed by the Firm for the effective conduct of the business and that of its clients and for the management of its partners and staff.
Data Security – Transferring Personal Data and Communications
The Firm shall ensure that the following measures are taken with respect to all communications and other transfers involving personal data. The following guidelines apply to such personal data:
1. All emails containing personal data must be encrypted;
2. All emails must be marked “confidential”;
3. Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances;
4. All personal data to be transferred physically, whether in hardcopy form or on removable electronic media shall be transferred in a suitable container marked “confidential”.
Data Security – Storage
The Firm shall ensure that the following measures are taken with respect to the storage of personal data:
1. All electronic copies of personal data should be stored securely using passwords;
2. All hardcopies of personal data, along with any electronic copies stored on physical, removable media should be stored securely in a box, drawer, cabinet, or similar in a locked office;
3. All personal data stored electronically should be backed up with backups stored offsite. All backups should be encrypted;
4. No personal data should be stored on any mobile device (including, but not limited to, laptops, tablets, and smartphones), whether such device belongs to the Firm or otherwise without the approval of the partners; and
Data Security – Disposal
When any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of. For further information on the deletion and disposal of personal data, please refer to the Firm’s Data Retention Policy.
Data Security – Use of Personal Data
The Firm shall ensure that the following measures are taken with respect to the use of personal data:
1. No personal data may be shared informally and if an employee, agent, sub-contractor, or other party working on behalf of the Firm requires access to any personal data that they do not already have access to, such access should be formally requested from a partner;
2. No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Firm or not, without the authorisation of a partner;
3. Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, sub-contractors, or other parties at any time;
4. If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it; and
5. Where personal data held by the Firm is used for marketing purposes, it shall be the responsibility of the Firm to ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third-party service such as the TPS.
Data Security – IT Security
The Firm shall ensure that the following measures are taken with respect to IT and information security:
1. All passwords used to protect personal data and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lowercase letters and numbers;
2. Under no circumstances should any passwords be written down or shared between any employees, agents, contractors, or other parties working on behalf of the Firm, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method;
3. All software (including, but not limited to, applications and operating systems) shall be kept up-to-date; and
4. No software may be installed on any Firm-owned computer or device without the prior approval of the partners.
Organisational Measures
The Firm shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:
1. All employees, agents, contractors, or other parties working on behalf of the Firm shall be made fully aware of both their individual responsibilities and the Firm’s responsibilities under the GDPR and under this Policy, and shall be provided with a copy of this Policy;
2. Only employees, agents, sub-contractors, or other parties working on behalf of the Firm that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by the Firm;
3. All employees, agents, contractors, or other parties working on behalf of the Firm handling personal data will be appropriately trained to do so;
4. All employees, agents, contractors, or other parties working on behalf of the Firm handling personal data will be appropriately supervised;
5. All employees, agents, contractors, or other parties working on behalf of the Firm handling personal data shall be required and encouraged to exercise care, caution, and discretion when discussing work-related matters that relate to personal data, whether in the workplace or otherwise;
6. Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;
7. All personal data held by the Firm shall be reviewed periodically, as set out in the Firm’s Data Retention Policy;
8. The performance of those employees, agents, contractors, or other parties working on behalf of the Firm handling personal data shall be regularly evaluated and reviewed;
9. All employees, agents, contractors, or other parties working on behalf of the Firm handling personal data will be bound to do so in accordance with the principles of the GDPR and this Policy by contract;
10. All agents, contractors, or other parties working on behalf of the Firm handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the Firm arising out of this Policy and the GDPR; and
11. Where any agent, contractor or other party working on behalf of the Firm handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless the Firm against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.
Transferring Personal Data to a Country Outside the EEA
1. The Firm may from time to time transfer (‘transfer’ includes making available remotely) personal data to countries outside of the EEA.
2. The transfer of personal data to a country outside of the EEA shall take place only if one or more of the following applies:
  1. The transfer is to a country, territory, or one or more specific sectors in that country (or an international organisation), that the European Commission has determined ensures an adequate level of protection for personal data;
  2. The transfer is to a country (or international organisation) which provides appropriate safeguards in the form of a legally binding agreement between public authorities or bodies; binding corporate rules; standard data protection clauses adopted by the European Commission; compliance with an approved code of conduct approved by a supervisory authority (e.g. the Information Commissioner’s Office); certification under an approved certification mechanism (as provided for in the GDPR); contractual clauses agreed and authorised by the competent supervisory authority; or provisions inserted into administrative arrangements between public authorities or bodies authorised by the competent supervisory authority;
  3. The transfer is made with the informed consent of the relevant data subject(s);
  4. The transfer is necessary for the performance of a contract between the data subject and the Firm (or for pre-contractual steps taken at the request of the data subject);
  5. The transfer is necessary for important public interest reasons;
  6. The transfer is necessary for the conduct of legal claims;
  7. The transfer is necessary to protect the vital interests of the data subject or other individuals where the data subject is physically or legally unable to give their consent; or
  8. The transfer is made from a register that, under UK or EU law, is intended to provide information to the public and which is open for access by the public in general or otherwise to those who are able to show a legitimate interest in accessing the register.
Data Breach Notification
1. All personal data breaches must be reported immediately to the Firm’s Data Protection Officer.
2. If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the Data Protection Officer must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.
3. In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Part 29.2) to the rights and freedoms of data subjects, the Data Protection Officer must ensure that all affected data subjects are informed of the breach directly and without undue delay.
4. Data breach notifications shall include the following information:
  1. The categories and approximate number of data subjects concerned;
  2. The categories and approximate number of personal data records concerned;
  3. The name and contact details of the Firm’s data protection officer (or other contact point where more information can be obtained);
  4. The likely consequences of the breach;
  5. Details of the measures taken, or proposed to be taken, by the Firm to address the breach including, where appropriate, measures to mitigate its possible adverse effects.
Implementation of Policy
This Policy shall be deemed effective as of 18 May 2018. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.