GDPR DATA PROTECTION POLICY
We hold personal data about our Employees, Clients, Suppliers and Service Providers (Data Subjects) for a variety of business purposes. This Policy sets out how we seek to protect personal data and ensure that Employees understand the rules governing their use of personal data to which they have access in the course of their work. In particular, this Policy requires Employees to ensure that the Data Protection Officer (DPO) (Shaun Cooper) be consulted before any significant new data processing activity is initiated to ensure that relevant compliance steps are addressed.
Performance of Contract and/or Legal Requirement: The purposes for which personal data may be used by us, i.e.: Personnel, administrative, financial, regulatory, payroll, contract management and business development purposes.
Performance of Contract and/or Legal Requirement may include the following:
– Compliance with our legal, regulatory and corporate governance obligations and good practice
– Gathering information as part of investigations by regulatory bodies or in connection with legal proceedings or requests
– Ensuring business Policies are adhered to (such as Policies covering email and internet use)
– Operational reasons, such as contract management, recording transactions, training and quality control, ensuring the confidentiality of commercially sensitive information, security vetting, credit scoring and checking
– Investigating complaints
– Checking references, ensuring safe working practices, monitoring and managing Employees access to systems and facilities and Employees absences, administration and assessments
– Monitoring Employees conduct, disciplinary matters
– Marketing our business
– Improving services
Personal data: Information relating to identifiable individuals, such as job applicants, current and former Employees, agency, contract and other Employees, Clients, Suppliers, Service Providers and marketing contacts.
Personal data we gather may include: individuals’ contact details, address, financial and pay details, details of training achievements, proof of right to work in the UK, job title and CV.
Sensitive personal data: Personal data about an individual’s physical or mental health or condition, criminal offences, or related proceedings—any use of.
This Policy applies to all Data Subjects. You must be familiar with this Policy and comply with its terms.
This Policy supplements our other Policies relating to Technology Resources use. We may supplement or amend this Policy by additional Policies and guidelines from time to time. Any new or modified Policy will be circulated to Employees before being adopted.
Who is responsible for this Policy?
As our DPO, Shaun Cooper has overall responsibility for the day-to-day implementation of this Policy.
Fair and lawful processing
We must process personal data fairly and lawfully in accordance with individuals’ rights. This generally means that we should not process personal data unless the individual whose details we are processing has consented to this happening.
The Data Protection Officer’s responsibilities:
• Keeping the board updated about Data Protection responsibilities, risks and issues
• Reviewing all Data Protection procedures and Policies on a regular basis
• Arranging Data Protection training and advice for all Employees
• Answering questions on Data Protection from Employees and other stakeholders
• Responding to individuals such as Clients and Employees who wish to know which data is being held on them by Aspect Building & Plastering.
• Checking and approving with third parties that handle the company’s data any contracts or agreement regarding data processing Responsibilities of the External IT Advisor (RDCS)
• Ensure all systems, services, software and equipment meet acceptable security standards
• Checking and scanning security hardware and software regularly to ensure it is functioning properly
• Researching third-party services, such as cloud services the company is considering using to store or process data
Responsibilities of the HR Manager
• Approving Data Protection statements attached to emails and other marketing copy
• Addressing Data Protection queries from Clients, Employees or other Data Subjects
• Coordinating with the DPO to ensure all marketing initiatives adhere to Data Protection laws and the company’s Data Protection Policy
The processing of all data must be:
• Necessary to deliver our services
• In our legitimate interests and not unduly prejudice the individual’s privacy
• In most cases this provision will apply to routine business data processing activities.
This Policy links with our GDPR Privacy Statement to Clients / Employees on Data Protection.
The Privacy Statement:
• Sets out the purposes for which we hold personal data on Clients
• Highlights that our work may require us to give information to third parties such as business professionals
• Provides that Clients have a right of access to the personal data that we hold about them
Sensitive personal data
In most cases where we process sensitive personal data we will require the Data Subject’s explicit consent to do this unless exceptional circumstances apply or we are required to do this by law (e.g. to comply with legal obligations to ensure health and safety at work). Any such consent will need to clearly identify what the relevant data is, why it is being processed and to whom it will be disclosed.
Accuracy and relevance
We will ensure that any personal data we process is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. We will not process personal data obtained for one purpose for any unconnected purpose unless the individual concerned has agreed to this or
would otherwise reasonably expect this.
Individuals may ask that we correct inaccurate personal data relating to them. If you believe that information is inaccurate you should record the fact that the accuracy of the information is disputed and inform the DPO.
Your personal data
You must take reasonable steps to ensure that personal data we hold about you is accurate.
• In cases when data is stored on printed paper, it should be kept in a secure place where unauthorised personnel cannot access it
• Printed data should be shredded when it is no longer needed
• Data stored on a computer should be protected by strong passwords that are changed regularly. We encourage all Employees to use a password manager to create and store their passwords.
• Data stored on CDs or memory sticks must be locked away securely when they are not being used
• The DPO must approve any cloud used to store data
• Servers containing personal data must be kept in a secure location, away from general office space
• Data should be regularly backed up in line with the company’s backup procedures
• Data should never be saved directly to mobile devices such as laptops, tablets or smartphones
• All servers containing sensitive data must be approved and protected by security software and strong firewall.
We must retain personal data for no longer than is necessary. What is necessary will depend on the circumstances of each case, taking into account the reasons that the personal data was obtained, but should be determined in a manner consistent with our data retention guidelines.
Transferring data internationally
There are restrictions on international transfers of personal data. You must not transfer personal data anywhere outside the UK without first consulting the DPO.
Subject Access Requests (SAR)
Individuals are entitled, subject to certain exceptions, to request access to information held about them.
If you receive an SAR, you should refer that request immediately to the DPO. We may ask you to help us comply with those requests.
Please contact the DPO if you would like to correct or request information that we hold about you.
There are also restrictions on the information to which you are entitled under applicable law.
SAR’s are managed as per our Subject Access Request Procedure.
Processing data in accordance with the individual’s rights
You should abide by any request from an individual not to use their personal data for direct marketing purposes and notify the DPO about any such request.
Do not send direct marketing material to someone electronically (e.g. via email) unless you have an existing business relationship with them in relation to the services being marketed.
Please contact the DPO for advice on direct marketing before starting any new direct marketing activity.
All Employees will receive training on this Policy. New joiners will receive training as part of the induction process. Further training will be provided at least every two years or whenever there is a substantial change in the law or our Policy and procedure.
Training is provided through a Toolbox Talk on a regular basis.
It will cover:
• The law relating to Data Protection
• Our Data Protection and related Policies and Procedures.
Completion of training is compulsory.
Conditions for processing
We will ensure any use of personal data is justified using at least one of the conditions for processing and this will be specifically documented. All Employees who are responsible for processing personal data will be aware of the conditions for processing. The conditions for processing will be available to Data Subjects in the form of a Privacy Statement.
Justification for personal data
We will process personal data in compliance with all six Data Protection principles.
We will document the additional justification for the processing of sensitive data, and will ensure any biometric and genetic data is considered sensitive.
The data that we collect is subject to active consent by the Data Subject. This consent can be revoked at any time.
Criminal record checks
Any criminal record checks are justified by law. Criminal record checks cannot be undertaken based solely on the consent of the subject.
Upon request, a Data Subject should have the right to receive a copy of their data in a structured format. These requests should be processed within one month, provided there is no undue burden and it does not compromise the privacy of other individuals. A Data Subject may also request that
their data is transferred directly to another system. This must be done for free.
Right to be forgotten
A Data Subject may request that any information held on them is deleted or removed, and any third parties who process or use that data must also comply with the request. An erasure request can only be refused if an exemption applies.
Privacy by design and default
Privacy by design is an approach to projects that promote privacy and Data Protection compliance from the start. The DPO will be responsible for conducting Data Privacy Impact Assessments and ensuring that all IT projects commence with a privacy plan.
When relevant, and when it does not have a negative impact on the Data Subject, privacy settings will be set to the most private by default.
Data audit and log
Regular data audits to manage and mitigate risks will inform the data log. This contains information on what data is held, where it is stored, how it is used, who is responsible and any further regulations or retention timescales that may be relevant.
All Employees have an obligation to report actual or potential Data Protection compliance failures.
This allows us to:
• Investigate the failure and take remedial steps if necessary
• Maintain a register of compliance failures
• Notify the Supervisory Authority (SA) of any compliance failures that are material either in their own right or as part of a pattern of failures
Please refer to our Compliance Failure (Breach) Policy for our reporting procedure.
Everyone must observe this Policy. The DPO has overall responsibility for this Policy. They will monitor it regularly to make sure it is being adhered to.
Data Protection Impact Assessment (DPIA)
A DPIA will be carried out by the responsible person as per ICO guidelines (https://ico.org.uk/fororganisations/guide-to-the-general-data-protection-regulation-gdpr/accountability-andgovernance/data-protection-impact-assessments/) whenever:
• Data is processed in a way likely to result in HIGH RISK to individuals’ interests
• When a major project is carried out which involves the processing of personal data
Consequences of failing to comply
We take compliance with this Policy very seriously. Failure to comply puts both you and the organisation at risk. The importance of this Policy means that failure to comply with any requirement may lead to disciplinary action under our procedures which may result in dismissal.
If you have any questions or concerns about anything in this Policy, do not hesitate to contact the DPO or HR.