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Doom Gloom Limited
Data Protection Policy
March 2019
1. Introduction
This Policy sets out the obligations of Doom Gloom Limited acompany registered in England and Wales undernumber 11878937, whose registered office is at 15 WESTERNPARADE C/O CONNECT ACCOUNTING, REAR OF BARNETEN5 1AH (“the Company”) regarding data protection and the rights of staff,customers and clients (“data subjects”) in respect of their personal data underData Protection Law (all legislation and regulations in force from time to timeregulating the use of personal data and the privacy of electroniccommunications including, but not limited to, EU Regulation 2016/679 GeneralData Protection Regulation (“GDPR”), the Data Protection Act 2018, and anysuccessor legislation or other directly applicable EU regulation relating to dataprotection and privacy for as long as, and to the extent that, EU law has legaleffect in the UK).
This Policy sets the Company’s obligations regarding thecollection, processing, transfer, storage, and disposal of personal data. Theprocedures and principles set out herein must be followed at all times by theCompany, its employees, agents, contractors, or other parties working on behalfof the Company.
2. Definitions
“consent”
means the consent of the data subject which must be a freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify their agreement to the processing of personal data relating to them;
“data controller”
means the natural or legal person or organisation which, alone or jointly with others, determines the purposes and means of the processing of personal data. For the purposes of this Policy, the Company is the data controller of all personal data relating to bank details, national insurance numbers, email addresses and other personal information used in our business for our commercial purposes;
“data processor”
means a natural or legal person or organisation which processes personal data on behalf of a data controller;
“data subject”
means a living, identified, or identifiable natural person about whom the Company holds personal data;
“EEA”
means the European Economic Area, consisting of all EU Member States, Iceland, Liechtenstein, and Norway;
“personal data”
means any information relating to a data subject who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, 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 data subject;
“personal data breach”
means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored, or otherwise processed;
“processing”
means any operation or set of operations performed on personal data or sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
“pseudonymisation”
means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person; and
“special category personal data”
means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sexual life, sexual orientation, biometric, or genetic data.
3. Scope
3.1 The Company is committed not only to the letterof the law, but also to the spirit of the law and places high importance on thecorrect, lawful, and fair handling of all personal data, respecting the legalrights, privacy, and trust of all individuals with whom it deals.
3.2 The Company’s Data Protection Officer is GuyWalker, DPO@walkergrp.co. The Data Protection Officer is responsible for administeringthis Policy and for developing and implementing any applicable related policies,procedures, and/or guidelines.
3.3 All directors are responsible for ensuring thatall employees, agents, contractors, or other parties working on behalf of theCompany comply with this Policy and, where applicable, must implement such practices,processes, controls, and training as are reasonably necessary to ensure suchcompliance.
3.4 Any questions relating to this Policy or to DataProtection Law should be referred to the Data Protection Officer. Inparticular, the Data Protection Officer should always be consulted in thefollowing cases:
a) if there is any uncertainty relating to thelawful basis on which personal data is to be collected, held, and/or processed;
b) if consent is being relied upon in order to collect,hold, and/or process personal data;
c) if there is any uncertainty relating to theretention period for any particular type(s) of personal data;
d) if any new or amended privacy notices or similarprivacy-related documentation are required;
e) if any assistance is required in dealing withthe exercise of a data subject’s rights (including, but not limited to, thehandling of subject access requests);
f) if a personal data breach (suspected or actual)has occurred;
g) if there is any uncertainty relating to securitymeasures (whether technical or organisational) required to protect personaldata;
h) if personal data is to be shared with third parties(whether such third parties are acting as data controllers or data processors);
i) if personal data is to be transferred outside ofthe EEA and there are questions relating to the legal basis on which to do so;
j) when any significant new processing activity isto be carried out, or significant changes are to be made to existing processingactivities, which will require a Data Protection Impact Assessment;
k) when personal data is to be used for purposesdifferent to those for which it was originally collected;
l) if any automated processing, including profilingor automated decision-making, is to be carried out; or
m) if any assistance is required in complying withthe law applicable to direct marketing.
4. The Data Protection Principles
This Policy aims to ensure compliance with Data Protection Law.The GDPR sets out the following principles with which any party handlingpersonal data must comply. Data controllers are responsible for, and must beable to demonstrate, such compliance. All personal data must be:
4.1 processed lawfully, fairly, and in a transparentmanner in relation to the data subject;
4.2 collected for specified, explicit, andlegitimate purposes and not further processed in a manner that is incompatiblewith those purposes. Further processing for archiving purposes in the publicinterest, scientific or historical research purposes or statistical purposesshall not be considered to be incompatible with the initial purposes;
4.3 adequate, relevant, and limited to what isnecessary in relation to the purposes for which it is processed;
4.4 accurate and, where necessary, kept up to date.Every reasonable step must be taken to ensure that personal data that isinaccurate, having regard to the purposes for which it is processed, is erased,or rectified without delay;
4.5 kept in a form which permits identification ofdata subjects for no longer than is necessary for the purposes for which thepersonal data is processed. Personal data may be stored for longer periodsinsofar as the personal data will be processed solely for archiving purposes inthe public interest, scientific or historical research purposes, or statisticalpurposes, subject to implementation of the appropriate technical andorganisational measures required by the GDPR in order to safeguard the rightsand freedoms of the data subject;
4.6 processed in a manner that ensures appropriatesecurity of the personal data, including protection against unauthorised orunlawful processing and against accidental loss, destruction, or damage, usingappropriate technical or organisational measures.
5. The Rights of Data Subjects
The GDPR sets out the following key rights applicable to datasubjects:
5.1 The right to be informed;
5.2 the right of access;
5.3 the right to rectification;
5.4 the right to erasure (also known as the ‘rightto be forgotten’);
5.5 the right to restrict processing;
5.6 the right to data portability;
5.7 the right to object; and
5.8 rights with respect to automated decision-makingand profiling.
6. Lawful, Fair, and Transparent Data Processing
6.1 Data Protection Law seeks to ensure that personaldata is processed lawfully, fairly, and transparently, without adversely affectingthe rights of the data subject. Specifically, the GDPR states that processingof personal data shall be lawful if at least one of the following applies:
a) the data subject has given consent to theprocessing of their personal data for one or more specific purposes;
b) the processing is necessary for the performanceof a contract to which the data subject is a party, or in order to take stepsat the request of the data subject prior to entering into a contract;
c) the processing is necessary for compliance with alegal obligation to which the data controller is subject;
d) the processing is necessary to protect the vitalinterests of the data subject or of another natural person;
e) the processing is necessary for the performanceof a task carried out in the public interest or in the exercise of officialauthority vested in the data controller; or
f) the processing is necessary for the purposes ofthe legitimate interests pursued by the data controller or by a third party,except where such interests are overridden by the fundamental rights andfreedoms of the data subject which require protection of personal data, inparticular where the data subject is a child.
6.2 ifthe personal data in question is special category personal data (also known as“sensitive personal data”), at least one of the following conditions must bemet:
a) the data subject has given their explicitconsent to the processing of such data for one or more specified purposes(unless EU or EU Member State law prohibits them from doing so);
b) the processing is necessary for the purpose ofcarrying out the obligations and exercising specific rights of the datacontroller 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 Statelaw or a collective agreement pursuant to EU Member State law which providesfor appropriate safeguards for the fundamental rights and interests of the datasubject);
c) the processing is necessary to protect the vitalinterests of the data subject or of another natural person where the datasubject is physically or legally incapable of giving consent;
d) 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 courseof its legitimate activities, provided that the processing relates solely tothe members or former members of that body or to persons who have regularcontact with it in connection with its purposes and that the personal data is notdisclosed outside the body without the consent of the data subjects;
e) the processing relates to personal data which ismanifestly made public by the data subject;
f) the processing is necessary for the conduct oflegal claims or whenever courts are acting in their judicial capacity;
g) the processing is necessary for substantialpublic interest reasons, on the basis of EU or EU Member State law which shallbe proportionate to the aim pursued, shall respect the essence of the right todata protection, and shall provide for suitable and specific measures tosafeguard the fundamental rights and interests of the data subject;
h) the processing is necessary for the purposes ofpreventative or occupational medicine, for the assessment of the workingcapacity of an employee, for medical diagnosis, for the provision of health orsocial care or treatment, or the management of health or social care systems orservices on the basis of EU or EU Member State law or pursuant to a contract witha health professional, subject to the conditions and safeguards referred to inArticle 9(3) of the GDPR;
i) the processing is necessary for public interestreasons in the area of public health, for example, protecting against serious cross-borderthreats to health or ensuring high standards of quality and safety of healthcare and of medicinal products or medical devices, on the basis of EU or EUMember State law which provides for suitable and specific measures to safeguardthe rights and freedoms of the data subject (in particular, professionalsecrecy); or
j) the processing is necessary for archivingpurposes in the public interest, scientific or historical research purposes, orstatistical purposes in accordance with Article 89(1) of the GDPR based on EUor EU Member State law which shall be proportionate to the aim pursued, respectthe essence of the right to data protection, and provide for suitable andspecific measures to safeguard the fundamental rights and the interests of thedata subject.
7. Consent
If consent is relied upon as the lawful basis for collecting, holding,and/or processing personal data, the following shall apply:
7.1 Consent is a clear indication by the datasubject that they agree to the processing of their personal data. Such a clearindication may take the form of a statement or a positive action. Silence,pre-ticked boxes, or inactivity are unlikely to amount to consent.
7.2 Where consent is given in a document whichincludes other matters, the section dealing with consent must be kept clearlyseparate from such other matters.
7.3 Data subjects are free to withdraw consent atany time and it must be made easy for them to do so. If a data subject withdrawsconsent, their request must be honoured promptly.
7.4 If personal data is to be processed for adifferent purpose that is incompatible with the purpose or purposes for which thatpersonal data was originally collected that was not disclosed to the datasubject when they first provided their consent, consent to the new purpose or purposesmay need to be obtained from the data subject.
7.5 If special category personal data is processed,the Company shall normally rely on a lawful basis other than explicit consent.If explicit consent is relied upon, the data subject in question must be issuedwith a suitable privacy notice in order to capture their consent.
7.6 In all cases where consent is relied upon as thelawful basis for collecting, holding, and/or processing personal data, recordsmust be kept of all consents obtained in order to ensure that the Company candemonstrate its compliance with consent requirements.
8. Specified, Explicit, and Legitimate Purposes
8.1 The Company collects and processes the personaldata set out in Part 24 of this Policy. This includes:
a) personal data collected directly from datasubjects and
b) personal data obtained from third parties
c) personal data collected within Walker Grp
8.2 The Company only collects, processes, and holdspersonal data for the specific purposes set out in Part 24 of this Policy (orfor other purposes expressly permitted by the GDPR).
8.3 Data subjects must be kept informed at all timesof the purpose or purposes for which the Company uses their personal data.Please refer to Part 15 for more information on keeping data subjects informed.
9. Adequate, Relevant, and Limited Data Processing
9.1 The Company will only collect and process personaldata for and to the extent necessary for the specific purpose or purposes ofwhich data subjects have been informed (or will be informed) as under Part 8,above, and as set out in Part 24, below.
9.2 Employees, agents, contractors, or other partiesworking on behalf of the Company may collect personal data only to the extentrequired for the performance of their job duties and only in accordance withthis Policy. Excessive personal data must not be collected.
9.3 Employees, agents, contractors, or other partiesworking on behalf of the Company may process personal data only when theperformance of their job duties requires it. Personal data held by the Companycannot be processed for any unrelated reasons.
10. Accuracy of Data and Keeping Data Up-to-Date
10.1 The Company shall ensure that all personal datacollected, processed, and held by it is kept accurate and up-to-date. Thisincludes, but is not limited to, the rectification of personal data at therequest of a data subject, as set out in Part 17, below.
10.2 The accuracy of personal data shall be checkedwhen it is collected and at regular. If any personal data is found to beinaccurate or out-of-date, all reasonable steps will be taken without delay toamend or erase that data, as appropriate.
11. Data Retention
11.1 The Company shall not keep personal data for anylonger than is necessary in light of the purpose or purposes for which thatpersonal data was originally collected, held, and processed.
11.2 When personal data is no longer required, allreasonable steps will be taken to erase or otherwise dispose of it withoutdelay.
11.3 For full details of the Company’s approach todata retention, including retention periods for specific personal data typesheld by the Company, please refer to our Data Retention Policy.
12. Secure Processing
12.1 The Company shall ensure that all personal datacollected, held, and processed is kept secure and protected againstunauthorised or unlawful processing and against accidental loss, destruction, ordamage. Further details of the technical and organisational measures whichshall be taken are provided in Parts 25 to 30 of this Policy.
12.2 All technical and organisational measures takento protect personal data shall be regularly reviewed and evaluated to ensuretheir ongoing effectiveness and the continued security of personal data.
12.3 Data security must be maintained at all times byprotecting the confidentiality, integrity, and availability of all personal dataas follows:
a) only those with a genuine need to access and usepersonal data and who are authorised to do so may access and use it;
b) personal data must be accurate and suitable forthe purpose or purposes for which it is collected, held, and processed; and
c) authorised users must always be able to accessthe personal data as required for the authorised purpose or purposes.
13. Accountability and Record-Keeping
13.1 The Data Protection Officer is responsible for administeringthis Policy and for developing and implementing any applicable related policies,procedures, and/or guidelines.
13.2 The Company shall follow a privacy by designapproach at all times when collecting, holding, and processing personal data.Data Protection Impact Assessments shall be conducted if any processingpresents a significant risk to the rights and freedoms of data subjects (pleaserefer to Part 14 for further information).
13.3 All employees, agents, contractors, or otherparties working on behalf of the Company shall be given appropriate training indata protection and privacy, addressing the relevant aspects of Data ProtectionLaw, this Policy, and all other applicable Company policies.
13.4 The Company’s data protection compliance shallbe regularly reviewed and evaluated by means of Data Protection Audits.
13.5 The Company shall keep written internal recordsof all personal data collection, holding, and processing, which shallincorporate the following information:
13.5.1 thename and details of the Company, its Data Protection Officer, and anyapplicable third-party data transfers (including data processors and other datacontrollers with whom personal data is shared);
13.5.2 thepurposes for which the Company collects, holds, and processes personal data;
13.5.3 theCompany’s legal basis or bases (including, but not limited to, consent, themechanism(s) for obtaining such consent, and records of such consent) forcollecting, holding, and processing personal data;
13.5.4 detailsof the categories of personal data collected, held, and processed by the Company,and the categories of data subject to which that personal data relates;
13.5.5 detailsof any transfers of personal data to non-EEA countries including all mechanismsand security safeguards;
13.5.6 detailsof how long personal data will be retained by the Company (please refer to theCompany’s Data Retention Policy);
13.5.7 detailsof personal data storage, including location(s);
13.5.8 detaileddescriptions of all technical and organisational measures taken by the Companyto ensure the security of personal data.
14. Data Protection Impact Assessments and Privacy byDesign
14.1 In accordance with the privacy by designprinciples, the Company shall carry out Data Protection Impact Assessments forany and all new projects and/or new uses of personal data which involve the useof new technologies and where the processing involved is likely to result in ahigh risk to the rights and freedoms of data subjects.
14.2 The principles of privacy by design should befollowed at all times when collecting, holding, and processing personal data.The following factors should be taken into consideration:
a) the nature, scope, context, and purpose orpurposes of the collection, holding, and processing;
b) the state of the art of all relevant technicaland organisational measures to be taken;
c) the cost of implementing such measures; and
d) the risks posed to data subjects and to theCompany, including their likelihood and severity.
14.3 Data Protection Impact Assessments shall be overseenby the Data Protection Officer and shall address the following:
a) the type(s) of personal data that will becollected, held, and processed;
b) the purpose(s) for which personal data is to beused;
c) the Company’s objectives;
d) how personal data is to be used;
e) the parties (internal and/or external) who areto be consulted;
f) the necessity and proportionality of the dataprocessing with respect to the purpose(s) for which it is being processed;
g) risks posed to data subjects;
h) risks posed both within and to the Company; and
i) proposed measures to minimise and handleidentified risks.
15. Keeping Data Subjects Informed
15.1 The Company shall provide the information setout in Part 15.2 to every data subject:
a) where personal data is collected directly fromdata subjects, those data subjects will be informed of its purpose at the timeof collection; and
b) where personal data is obtained from a thirdparty, the relevant data subjects will be informed of its purpose:
i) if the personal data is used to communicate withthe data subject, when the first communication is made; or
ii) if the personal data is to be transferred toanother party, before that transfer is made; or
iii) as soon as reasonably possible and in any eventnot more than one month after the personal data is obtained.
15.2 The following information shall be provided inthe form of a privacy notice:
a) details of the Company including, but notlimited to, contact details, and the names and contact details of anyapplicable representatives and its Data Protection Officer;
b) the purpose(s) for which the personal data isbeing collected and will be processed (as detailed in Part 24 of this Policy) andthe lawful basis justifying that collection and processing;
c) where applicable, the legitimate interests uponwhich the Company is justifying its collection and processing of the personaldata;
d) where the personal data is not obtained directlyfrom the data subject, the categories of personal data collected and processed;
e) where the personal data is to be transferred toone or more third parties, details of those parties;
f) where the personal data is to be transferred toa third party that is located outside of the EEA, details of that transfer,including but not limited to the safeguards in place (see Part 31 of thisPolicy for further details);
g) details of applicable data retention periods;
h) details of the data subject’s rights under theGDPR;
i) details of the data subject’s right to withdrawtheir consent to the Company’s processing of their personal data at any time;
j) details of the data subject’s right to complainto the Information Commissioner’s Office (the “supervisory authority” under theGDPR);
k) where the personal data is not obtained directlyfrom the data subject, details about the source of that personal data;
l) where applicable, details of any legal orcontractual requirement or obligation necessitating the collection andprocessing of the personal data and details of any consequences of failing toprovide it; and
m) details of any automated decision-making orprofiling that will take place using the personal data, including informationon how decisions will be made, the significance of those decisions, and anyconsequences.
16. Data Subject Access
16.1 Data subjects may make subject access requests(“SARs”) at any time to find out more about the personal data which the Companyholds about them, what it is doing with that personal data, and why.
16.2 Employees wishing to make a SAR should do usinga Subject Access Request Form, sending the form to the Company’s DataProtection Officer at DPO@walkergrp.co.
16.3 Responses to SARs must normally be made withinone month of receipt, however, this may be extended by up to two months if theSAR is complex and/or numerous requests are made. If such additional time isrequired, the data subject shall be informed.
16.4 All SARs received shall be handled by theCompany’s Data Protection Officer.
16.5 The Company does not charge a fee for thehandling of normal SARs. The Company reserves the right to charge reasonablefees for additional copies of information that has already been supplied to adata subject, and for requests that are manifestly unfounded or excessive,particularly where such requests are repetitive.
17. Rectification of Personal Data
17.1 Data subjects have the right to require theCompany to rectify any of their personal data that is inaccurate or incomplete.
17.2 The Company shall rectify the personal data inquestion, and inform the data subject of that rectification, within one month ofthe data subject informing the Company of the issue. The period can be extendedby up to two months in the case of complex requests. If such additional time isrequired, the data subject shall be informed.
17.3 In the event that any affected personal data hasbeen disclosed to third parties, those parties shall be informed of anyrectification that must be made to that personal data.
18. Erasure of Personal Data
18.1 Data subjects have the right to request that theCompany erases the personal data it holds about them in the followingcircumstances:
a) it is no longer necessary for the Company tohold that personal data with respect to the purpose(s) for which it wasoriginally collected or processed;
b) the data subject wishes to withdraw theirconsent to the Company holding and processing their personal data;
c) the data subject objects to the Company holdingand processing their personal data (and there is no overriding legitimateinterest to allow the Company to continue doing so) (see Part 21 of this Policyfor further details concerning the right to object);
d) the personal data has been processed unlawfully;
e) the personal data needs to be erased in orderfor the Company to comply with a particular legal obligation
18.2 Unless the Company has reasonable grounds torefuse 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 ofthe data subject’s request. The period can be extended by up to two months inthe case of complex requests. If such additional time is required, the datasubject shall be informed.
18.3 In the event that any personal data that is tobe erased in response to a data subject’s request has been disclosed to thirdparties, those parties shall be informed of the erasure (unless it isimpossible or would require disproportionate effort to do so).
19. Restriction of Personal Data Processing
19.1 Data subjects may request that the Companyceases processing the personal data it holds about them. If a data subjectmakes such a request, the Company shall retain only the amount of personal dataconcerning that data subject (if any) that is necessary to ensure that thepersonal data in question is not processed further.
19.2 In the event that any affected personal data hasbeen disclosed to third parties, those parties shall be informed of theapplicable restrictions on processing it (unless it is impossible or wouldrequire disproportionate effort to do so).
20. Data Portability
20.1 The Company processes personal data usingautomated means. Digital sheets within PDF form and Email.
20.2 Where data subjects have given their consent tothe Company to process their personal data in such a manner, or the processingis otherwise required for the performance of a contract between the Company andthe data subject, data subjects have the right, under the GDPR, to receive acopy of their personal data and to use it for other purposes (namelytransmitting it to other data controllers).
20.3 To facilitate the right of data portability, theCompany shall make available all applicable personal data to data subjects inthe following format[s]:
a) PDF
b) Word
c) Outlook
d) ZIP
e) Open Source
f) IMG
20.4 Where technically feasible, if requested by adata subject, personal data shall be sent directly to the required datacontroller.
20.5 All requests for copies of personal data shallbe complied with within one month of the data subject’s request. The period canbe extended by up to two months in the case of complex or numerous requests. Ifsuch additional time is required, the data subject shall be informed.
21. Objections to Personal Data Processing
21.1 Data subjects have the right to object to theCompany processing their personal data based on legitimate interests, for directmarketing (including profiling.
21.2 Where a data subject objects to the Companyprocessing their personal data based on its legitimate interests, the Companyshall cease such processing immediately, unless it can be demonstrated that theCompany’s legitimate grounds for such processing override the data subject’sinterests, rights, and freedoms, or that the processing is necessary for theconduct of legal claims.
21.3 Where a data subject objects to the Companyprocessing their personal data for direct marketing purposes, the Company shallcease such processing promptly.
22. Personal Data Collected, Held, and Processed
The following personal data is collected, held, and processedby the Company (for details of data retention, please refer to the Company’sData Retention Policy):
Data Ref.
Type of Data
Purpose of Data
NI
Employment
Generate employment based data.
Name
Personal
Identity the person
Personal
Identity the person
Tax Code
Employment
Generate employment based data.
Address
Personal
Identity the person
RTW
Employment
Generate employment based data.
Company Details
Employment
Generate employment based data.
Birthdate
Personal
Identity the person
23. Data Security - Transferring Personal Data andCommunications
The Company shall ensure that the following measures are takenwith respect to all communications and other transfers involving personal data:
23.1 All emails containing personal data must beencrypted using industry standard measures.
23.2 All emails containing personal data must bemarked “confidential”;
23.3 Personal data may be transmitted over securenetworks only; transmission over unsecured networks is not permitted in anycircumstances;
23.4 Personal data may not be transmitted over awireless network if there is a wired alternative that is reasonably practicable;
23.5 Personal data contained in the body of an email,whether sent or received, should be copied from the body of that email andstored securely. The email itself should be deleted. All temporary files associatedtherewith should also be deleted securely.
23.6 Where personal data is to be sent by facsimiletransmission the recipient should be informed in advance of the transmissionand should be waiting by the fax machine to receive the data;
23.7 Where personal data is to be transferred inhardcopy form it should be passed directly to the recipient
23.8 All personal data to be transferred physically,whether in hardcopy form or on removable electronic media shall be transferredin a suitable container marked “confidential”;
24. Data Security - Storage
The Company shall ensure that the following measures are takenwith respect to the storage of personal data:
24.1 All electronic copies of personal data should bestored securely using passwords and data encryption;
24.2 All hardcopies of personal data, along with anyelectronic copies stored on physical, removable media should be stored securelyin a locked box, drawer, cabinet, or similar;
24.3 All personal data stored electronically shouldbe backed up 24 hours with backupsstored [onsite] and [offsite]. All backups should be encrypted
24.4 No personal data should be stored on any mobiledevice (including, but not limited to, laptops, tablets, and smartphones),whether such device belongs to the Company or otherwise without the formal writtenapproval of Guy Walker Guy@walkergrp.co and, in the event of such approval,strictly in accordance with all instructions and limitations described at thetime the approval is given, and for no longer than is absolutely necessary];
24.5 No personal data should be transferred to anydevice personally belonging to an employee, agent, contractor, or other partyworking on behalf of the Company and personal data may only be transferred todevices belonging to agents, contractors, or other parties working on behalf ofthe Company where the party in question has agreed to comply fully with theletter and spirit of this Policy and of the GDPR (which may includedemonstrating to the Company that all suitable technical and organisationalmeasures have been taken);
25. Data Security - Disposal
When any personal data is to be erased or otherwise disposedof for any reason (including where copies have been made and are no longerneeded), it should be securely deleted and disposed of. For further informationon the deletion and disposal of personal data, please refer to the Company’sData Retention Policy.
26. Data Security - Use of Personal Data
The Company shall ensure that the following measures are takenwith respect to the use of personal data:
26.1 No personal data may be shared informally and ifan employee, agent, contractor, or other party working on behalf of the Companyrequires access to any personal data that they do not already have access to,such access should be formally requested from DPO Guy Walker DPO@walkergrp.co ;
26.2 No personal data may be transferred to any employee,agent, contractor, or other party, whether such parties are working on behalfof the Company or not, without the authorisation of DPO Guy Walker DPO@walkergrp.co ;
26.3 Personal data must be handled with care at alltimes and should not be left unattended or on view to unauthorised employees,agents, contractors, or other parties at any time;
26.4 If personal data is being viewed on a computerscreen and the computer in question is to be left unattended for any period oftime, the user must lock the computer and screen before leaving it;
26.5 Where personal data held by the Company is usedfor marketing purposes, it shall be the responsibility of Director to ensure thatthe appropriate consent is obtained and that no data subjects have opted out,whether directly or via a third-party service such as the TPS;
27. Data Security - IT Security
The Company shall ensure that the following measures are takenwith respect to IT and information security:
27.1 All passwords used to protect personal datashould be changed regularly and should not use words or phrases that can beeasily guessed or otherwise compromised. All passwords must contain acombination of uppercase and lowercase letters, numbers, and symbols. Allsoftware used by the Company is designed to require such passwords.;
27.2 Under no circumstances should any passwords bewritten down or shared between any employees, agents, contractors, or otherparties working on behalf of the Company, irrespective of seniority ordepartment. If a password is forgotten, it must be reset using the applicablemethod. IT staff do not have access to passwords;
27.3 All software (including, but not limited to,applications and operating systems) shall be kept up-to-date. The Company’s ITstaff shall be responsible for installing any and all security-related is up todate.
27.4 No software may be installed on any Company-ownedcomputer or device without the prior approval of the IT@walkergrp.co;
28. Organisational Measures
The Company shall ensure that the following measures are takenwith respect to the collection, holding, and processing of personal data:
28.1 All employees, agents, contractors, or other partiesworking on behalf of the Company shall be made fully aware of both theirindividual responsibilities and the Company’s responsibilities under Data ProtectionLaw and under this Policy, and shall be provided with a copy of this Policy;
28.2 Only employees, agents, contractors, or otherparties working on behalf of the Company that need access to, and use of,personal data in order to carry out their assigned duties correctly shall haveaccess to personal data held by the Company;
28.3 All sharing of personal data shall comply withthe information provided to the relevant data subjects and, if required, theconsent of such data subjects shall be obtained prior to the sharing of theirpersonal data;
28.4 All employees, agents, contractors, or otherparties working on behalf of the Company handling personal data will beappropriately trained to do so;
28.5 All employees, agents, contractors, or other partiesworking on behalf of the Company handling personal data will be appropriatelysupervised;
28.6 All employees, agents, contractors, or otherparties working on behalf of the Company handling personal data shall berequired and encouraged to exercise care, caution, and discretion whendiscussing work-related matters that relate to personal data, whether in theworkplace or otherwise;
28.7 Methods of collecting, holding, and processingpersonal data shall be regularly evaluated and reviewed;
28.8 All personal data held by the Company shall bereviewed periodically, as set out in the Company’s Data Retention Policy;
28.9 The performance of those employees, agents,contractors, or other parties working on behalf of the Company handlingpersonal data shall be regularly evaluated and reviewed;
28.10 All employees, agents, contractors, or otherparties working on behalf of the Company handling personal data will be boundto do so in accordance with the principles of Data Protection Law and thisPolicy by contract;
28.11 All agents, contractors, or other partiesworking on behalf of the Company handling personal data must ensure that anyand all of their employees who are involved in the processing of personal dataare held to the same conditions as those relevant employees of the Company arisingout of this Policy and Data Protection Law;
28.12 Where any agent, contractor or other partyworking on behalf of the Company handling personal data fails in their obligationsunder this Policy that party shall indemnify and hold harmless the Companyagainst any costs, liability, damages, loss, claims or proceedings which mayarise out of that failure;
29. Transferring Personal Data to a Country Outsidethe EEA
29.1 The Company may from time to time transfer(‘transfer’ includes making available remotely) personal data to countriesoutside of the EEA.
29.2 The transfer of personal data to a countryoutside of the EEA shall take place only if one or more of the followingapplies:
29.2.1 thetransfer is to a country, territory, or one or more specific sectors in thatcountry (or an international organisation), that the European Commission hasdetermined ensures an adequate level of protection for personal data;
29.2.2 thetransfer is to a country (or international organisation) which providesappropriate safeguards in the form of a legally binding agreement betweenpublic authorities or bodies; binding corporate rules; standard data protectionclauses adopted by the European Commission; compliance with an approved code ofconduct approved by a supervisory authority (e.g. the InformationCommissioner’s Office); certification under an approved certification mechanism(as provided for in the GDPR); contractual clauses agreed and authorised by thecompetent supervisory authority; or provisions inserted into administrativearrangements between public authorities or bodies authorised by the competentsupervisory authority;
29.2.3 thetransfer is made with the informed and explicit consent of the relevant datasubject(s);
29.2.4 thetransfer is necessary for the performance of a contract between the datasubject and the Company (or for pre-contractual steps taken at the request ofthe data subject);
29.2.5 thetransfer is necessary for important public interest reasons;
29.2.6 thetransfer is necessary for the conduct of legal claims;
29.2.7 thetransfer is necessary to protect the vital interests of the data subject orother individuals where the data subject is physically or legally unable togive their consent; or
29.2.8 thetransfer is made from a register that, under UK or EU law, is intended toprovide information to the public and which is open for access by the public ingeneral or otherwise to those who are able to show a legitimate interest inaccessing the register.
30. Data Breach Notification
30.1 All personal data breaches must be reportedimmediately to the Company’s Data Protection Officer.
30.2 If an employee, agent, contractor, or other partyworking on behalf of the Company becomes aware of or suspects that a personaldata breach has occurred, they must not attempt to investigate it themselves.Any and all evidence relating to the personal data breach in question should becarefully retained.
30.3 If a personal data breach occurs and that breachis 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 Officermust ensure that the Information Commissioner’s Office is informed of thebreach without delay, and in any event, within 72 hours after having becomeaware of it.
30.4 In the event that a personal data breach islikely to result in a high risk (that is, a higher risk than that describedunder Part 32.3) to the rights and freedoms of data subjects, the Data ProtectionOfficer must ensure that all affected data subjects are informed of the breachdirectly and without undue delay.
30.5 Data breach notifications shall include thefollowing information:
30.5.1 Thecategories and approximate number of data subjects concerned;
30.5.2 Thecategories and approximate number of personal data records concerned;
30.5.3 Thename and contact details of the Company’s data protection officer (or othercontact point where more information can be obtained);
30.5.4 Thelikely consequences of the breach;
30.5.5 Detailsof the measures taken, or proposed to be taken, by the Company to address thebreach including, where appropriate, measures to mitigate its possible adverseeffects.
31. Implementation of Policy
This Policy shall be deemed effective as of March 2019. Nopart of this Policy shall have retroactive effect and shall thus apply only tomatters occurring on or after this date.
This Policy has been approved and authorised by:
Name:
Guy Walker
Position:
Director
Date:
14/03/2019
Due for Review by:
14/03/2021
Signature:
