Have you been accused of an offence relating to GDPR (General Data Protection Regulation) compliance? Lawtons solicitors can help you with these types of offences as well as any offences regarding data protection more broadly. In cases of the most serious GDPR breaches there may be criminal sanctions. The ICO (Information Commissioner’s Office), which regulates and enforces data protection, has been issuing considerable fines since the GDPR was introduced in May 2018.
All the personal data that your business holds is governed by data protection laws. The consequences of a data breach can be severe, so it is important to seek expert legal advice at the earliest opportunity.
What Lawtons can do for you
Cases involving data protection can be complex, so it is crucial to instruct specialised solicitors who know exactly how to deal with these types of offences. We will examine every aspect of the case methodically in order to build a robust defence and ensure the best possible outcome.
Whether it is you or your organisation that is facing an allegation of a regulatory offence, contact the team at Lawtons for essential legal advice. Our team of experienced legal practitioners will advise you closely throughout the whole process of the case and, if necessary, guide you on how court proceedings will work.
The Lawtons GDPR compliance and data protection team have the experience and knowledge to deal with the complex considerations that can transpire.
Our lawyers are up to date with all the latest legal developments in data protection law and GDPR so that we can effectively defend your company against any claim.
What is the GDPR?
If your business or organisation processes personal data, you are very likely to be affected by the GDPR, which became effective in the UK in May 2018. It brought in huge reform to how data protection is enforced across Europe, with significant penalties for those who do not comply. The GDPR has led to high-profile cases of some companies having their operations restricted and others being forced to close.
Offences under the GDPR include:
- Unlawful obtaining or disclosing of personal data
- Re-identification of de-identified personal data
- Alteration of personal data to prevent disclosure to data
What are the consequences of a data breach?
The cost to your business of even a small data breach can be much more than financial.
Possible consequences include:
- First party costs – breaches must be reported to the ICO
- Third party litigation – individuals can claim against you if you misuse their personal data
- Reputational damage
- Directors and officers within your company facing legal action
- GDPR advisory firms facing professional negligence claims
What should you do in the event of a data breach?
If your organisation has suffered a data breach, you need to act immediately. The GDPR requires you to notify the ICO within 72 hours of discovering a data breach.
While financial penalties can be severe, not all GDPR breaches lead to fines. There are other charges, and all can cause reputational damage which may have devastating consequences for your business.
As well as fines, the ICO can also impose:
- A warning and a reprimand
- A ban on all your data processing (temporary or permanent)
- Restriction or erasure of data
- A block on all data transfers to third countries
Are you or your business under investigation by the ICO?
If your business is under criminal investigation by the ICO, our lawyers can use their extensive criminal experience to support you through the whole process. We understand that your personal reputation and the reputation of your business are of paramount importance. We are used to dealing with cases which could attract media attention sensitively, in order to keep them out of the public eye.
Whether complaints about your business have been made to the ICO or you are under investigation by the ICO, we will advise on the best strategy to minimise the disruption to your business.
With our help, you can:
✔ Limit data breaches quickly to prevent extensive damage
✔ Gain quick access to expert support and advice when you need it most
Contact Lawtons today
For the crucial legal advice that can get your case off to the best start, it is vital to contact lawyers who specialise in this area. Contact Lawtons today by calling 0333 577 0522 to find out how we can help you.
Why choose Lawtons Solicitors?
We are ranked as one of the leading criminal defence solicitors in London and around the surrounding Home Counties. As a result, we regularly receive referrals from other leading national and regional law firms which do not specialise in criminal defence work. We have exceptional expertise in data protection law and keep up to the minute with this fast-developing area.
What is the difference between the Data Protection Act 2018 and the GDPR?
The Data Protection Act 2018 is the UK’s implementation of the General Data Protection Regulation (GDPR). This means that the principles and offences under each are broadly the same.
What is the maximum possible fine for a data breach under the GDPR?
If you don’t comply with GDPR you could face administrative fines of up to €20m or 4% of your worldwide annual turnover (whichever is higher).
Are data breaches a new offence?
No. The Data Protection Act 1998 set out many of the same principles are the 2018 Act, with significant updates added to reflect our digital age. Data protection offences date back to the original Act which was passed in 1984.