The purpose of this document is to provide a concise policy statement regarding the Data Protection obligations of Business Design Centre Ltd. & Upper Street Car Park Ltd.
The purpose of this document is to provide a concise policy statement regarding the Data Protection obligations of Business Design Centre Ltd. & Upper Street Car Park Ltd. [The Company]. This includes obligations in dealing with personal data, in order to ensure that the organisation complies with the requirements of the relevant and applicable Data Protection Law.
The Company must comply with the Data Protection principles set out in the relevant Data Protection Law. This Policy applies to all Personal Data collected, processed and stored by The Company in relation to its staff, service providers and clients in the course of its activities. The Company makes no distinction between the rights of Data Subjects who are employees, and those who are not. All are treated equally under this Policy.
The policy covers both personal and sensitive personal data held in relation to data subjects by The Company. The policy applies equally to personal data held in manual and automated form.
All Personal and Sensitive Personal Data will be treated with equal care by The Company. Both categories will be equally referred-to as Personal Data in this policy, unless specifically stated otherwise.
The Company 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.
For the avoidance of doubt, and for consistency in terminology, the following definitions will apply within this Policy.
|Data||This includes both automated and manual data.Automated data means data held on computer or stored with the intention that it is processed on computer.Manual data means data that is processed as part of a relevant filing system, or which is stored with the intention that it forms part of a relevant filing system.|
|Pseudonymous Data||This data is still treated as personal data because it enables the identification of individuals albeit via a key.|
|Anonymous Data||This data is rendered anonymous because there is no way that an individual can be identified from this data. Therefore, the GDPR does not apply to such data.|
|Personal Data||Information which relates to a living individual, who can be identified either directly from that data, or indirectly in conjunction with other data which is likely to come into the legitimate possession of the Data Controller. (If in doubt, The Company refers to the definition issued by the Article 29 Working Party and updated from time to time.)|
|Sensitive Personal Data||A particular category of Personal data, relating to: Racial or Ethnic Origin, Political Opinions, Religious, Ideological or Philosophical beliefs, Trade Union membership, Information relating to mental or physical health, information in relation to one’s Sexual Orientation, information in relation to commission of a crime and information relating to conviction for a criminal offence.|
|Data Controller||A person or entity who, either alone or with others, controls the content and use of Personal Data by determining the purposes and means by which that Personal Data is processed.|
|Data Subject||A living individual who is the subject of the Personal Data, i.e. to whom the data relates either directly or indirectly.|
|Data Processor||A person or entity who processes Personal Data on behalf of a Data Controller on the basis of a formal, written contract, but who is not an employee of the Data Controller, processing such Data in the course of his/her employment.|
|Data Protection Law||Includes EU Regulations and National Law|
|Data Protection Officer||A person appointed by The Company to monitor compliance with the appropriate Data Protection Law, to deal with Subject Access Requests, and to respond to Data Protection queries from staff members and service recipients|
|GDPR||The new EU General Data Protection Regulation (GDPR) – Regulation 2016/679 which comes into effect in May 2018 and replaces the current Data Protection Directive 95/46/EC and the national legislation that has been implemented from the Directive.|
|Processing||Processing means performing any operation or set of operations on data, including:Obtaining, recording or keeping data;Collecting, organising, storing, altering or adapting the data;Retrieving, consulting or using the data;Disclosing the information or data by transmitting;Disseminating or otherwise making it available;Aligning, combining, blocking, erasing or destroying the data.|
|Relevant Filing System||Any set of information in relation to living individuals which is not processed by means of equipment operating automatically (computers), and that is structured, either by reference to individuals, or by reference to criteria relating to individuals, in such a manner that specific information relating to an individual is readily retrievable.|
THE COMPANY AS A DATA CONTROLLER
In the course of its daily organisational activities, The Company acquires, processes and stores personal data in relation to:
- Employees of The Company
- Customers of The Company
- Third party service providers engaged by The Company
In accordance with Data Protection Law, this data must be acquired and managed fairly. Not all staff members will be expected to be experts in Data Protection Law. However, The Company is committed to ensuring that its staff have sufficient awareness of the Law in order to be able to anticipate and identify a Data Protection issue, should one arise. In such circumstances, staff must ensure that the Data Protection Officer is informed, and in order that appropriate corrective action is taken.
Due to the nature of the services provided by The Company, there is regular and active exchange of personal data between The Company and its Data Subjects. In addition, The Company exchanges personal data with Data Processors on the Data Subjects’ behalf.
This is consistent with The Company’s obligations under the terms of its contract with its Data Processors.
This policy provides the guidelines for this exchange of information, as well as the procedure to follow in the event that a staff member of the Company is unsure whether such data can be disclosed.
In general terms, the staff member should consult with the appointed Data Protection Co-Ordinator to seek clarification.
In the course of its role as Data Controller, The Company engages a number of Data Processors to process Personal Data on its behalf. In each case, a formal, written contract is in place with the Processor, outlining their obligations in relation to the Personal Data, the specific purpose or purposes for which they are engaged, and the understanding that they will process the data in compliance with Data Protection Law.
These Data Processors may include, inter alia;
- Good Eating Company; where catering services are placed required
- GD Electrics; where electrical service orders are placed or required
- Granite Consulting; where Internet and networking service orders are placed or required
- Freeman UK; where furniture supplies or stand fitting service orders are placed or required
- Onward Display; where signage service orders are placed or required
- AVC Live Ltd; where audio-visual service orders are placed or required
- Teamwork (UK) Ltd; where porter, cloakroom or cleaning services are placed or required
- EntrySign; when visitors access the building to meet with tenants, staff or non-event personnel
- Teamex UK; where security or staffing services are placed or required
- Scheidt & Bachmann, 3C and Chauntry; where car parking services are provided with Upper Street Car Park Ltd.
- SITE Event Logistics or WES Logistics; where delivery services will be required to or from the venue.
- Live Creative; by whom our websites are maintained.
- Adestra Ltd. and MailChimp; which are used for email marketing.
- Any other suppliers that we deem reputable and who we work with in the normal course of our business activities.
As a Data Controller, The Company ensures that any entity which processes Personal Data on its behalf (a Data Processor) does so in a manner compliant with the Data Protection Law.
Failure of a Data Processor to manage The Company’s data in a compliant manner will be viewed as a breach of contract and will be pursued through the courts.
Failure of The Company’s staff to process Personal Data in compliance with this policy may result in disciplinary proceedings.
THE DATA PROTECTION OFFICER
The Company has deemed it unnecessary to appoint a Data Protection Officer as under the General Data Protection Regulations the following exemptions apply:
- The Business Design Centre Ltd is not a public authority
- The Business Design Centre Ltd does not carry out large scale systematic monitoring of individuals
- The Business Design Centre Ltd does not carry out large scale processing of special categories of data or data relating to criminal convictions and offences
The overall responsibility for data protection compliance is held by Joe Mullee of the Business Design Centre Ltd.
DATA PROTECTION IMPACT ASSESSMENTS
Note that it is the task of The Company to carry out Data Protection Impact Assessments (DPIAs) as necessary; however, Joe Mullee should provide advice and guidance at each stage of the DPIA as follows:
- whether or not to carry out a DPIA
- what methodology to follow when carrying out a DPIA
- whether to carry out the DPIA in-house or whether to outsource it
- what safeguards (including technical and organisational measures) to apply to mitigate any risks to the rights and interests of the data subjects
- whether or not the data protection impact assessment has been correctly carried out and whether its conclusions (whether or not to go ahead with the processing and what safeguards to apply) are in compliance with the GDPR
Again, where adherence is not paid to the advice given, this should be formally recorded in the DPIA documentation.
Further information can be obtained from Guidelines on Data Protection Officers (‘DPOs’) Article 29 WP.
THE DATA PROTECTION PRINCIPLES
This Policy aims to ensure compliance with the Regulation. The Regulation sets out the following principles with which any party handling personal data must comply. Article 5 in the GDPR states that all personal data must be:
- Processed lawfully, fairly and in a transparent manner in relation to the data subject;
- 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 subject to appropriate safeguards, and provided that there is no risk of breaching the privacy of the data subject.
- Adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed;
- 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 they are processed is erased or rectified without delay;
- 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 Regulation in order to safeguard the rights and freedoms of the data subject;
- 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;
- Article 5(2) states that the Controller is responsible for and must be able to demonstrate compliance with the Data Protection Principles.
LAWFUL, FAIR AND TRANSPARENT DATA PROCESSING
The Regulation seeks to ensure that personal data is processed lawfully, fairly and transparently, without adversely affecting the rights of the data subject. The Regulation states that processing of personal data shall be lawful if at least one of the following applies:
- The data subject has given consent to the processing of his or her personal data for one or more specific purposes;
- 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;
- Processing is necessary for compliance with a legal obligation to which the controller is subject;
- 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 controller;
- Processing is necessary for the purposes of the legitimate interests pursued by the 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.
The Company will ensure that at least one of the conditions outlined above will be satisfied whenever any processing activities take place.
In order to obtain personal data fairly and in a transparent manner, The Company will make the data subject aware of the following at the time the data is collected directly:
- Identity of the controller and the data protection officer (or equivalent)
- Purpose and legal basis for processing. An explanation of the legitimate interest of the Company will be provided if it is being used as the legal basis.
- Data subject’s rights to withdraw consent, request access, rectification or restriction of processing.
- Data subject’s rights to complain to the relevant data protection authority
- Recipients of the personal data.
- Storage periods or criteria used to determine the length of storage.
- Legal basis for intended international transfer of data to a third country or organisation, including the fact that either the receiving country has an adequacy decision from the relevant data protection authority or other appropriate safeguards are in place and how to obtain a copy.
In situations where the data is not being collected directly from the data subject, the Company will provide the source along with the other information listed above to the data subject within a reasonable period after obtaining the data but not more than one month. Information will not be provided to the data subject if it will require disproportionate effort or it would render it impossible or seriously impair the purpose of the data processing.
The Company will place a Fair Processing Notice in a highly visible position, if it intends to record activity on CCTV or video.
The Data Subject’s data will not be disclosed to a third party other than to a party contracted to the Company and operating on its behalf.
PROCESSED FOR SPECIFIED, EXPLICIT AND LEGITIMATE PURPOSES
The Company follows this purpose limitation principle and only collects and processes personal data for the specific purposes set out in the “Data Mapping” documents which record all processing activities by the Company. The purposes for which we process personal data will be informed to data subjects at the time their personal data is collected or not more than a month if obtained from a third party.
The Company will not further process personal data in a manner that is incompatible with those purposes unless:
- the consent of the data subject has been obtained, or
- if the further processing is for archiving purposes in the public interest or scientific and historical research or statistical purposes and the appropriate safeguards are in place and there is no risk of breaching the privacy of the data subject.
ADEQUATE, RELEVANT AND LIMITED DATA PROCESSING
The Company follows this data minimisation principle and only collect and process personal data for and to the extent necessary for the specific purpose(s) informed to data subjects.
ACCURACY OF DATA AND KEEPING DATA UP TO DATE
The Company will ensure that all personal data collected and processed is kept accurate and up-to-date. The accuracy of data will be checked when it is collected and thereafter, see below. Where any inaccurate or out-of-date data is found, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.
- Remind all stakeholders on a periodic basis to inform the Company of any changes to their details.
- Conduct periodic reviews and audits to ensure that relevant data is kept accurate and up-to-date.
- Conduct annual audit to establish the need to keep certain Personal Data.
- Send out an mailshot to all individuals on the Company’s databases to ensure that consent is requested for further marketing.
- Amend inaccurate data which has been notified to the Company by the Data Subject or is revealed as a result of a subject access request.
The Company follows this storage limitation principle and does not keep personal data for any longer than is necessary in light of the purposes for which that data was originally collected and processed.
The Company will verify whether statutory data retention periods exist in relation to the type of processing e.g., personal data may need to be kept in order to comply with tax, health and safety, or employment regulations etc. If the law is silent, internal data retention periods will be set to meet the storage limitation principle.
Retention periods will be set considering the purpose or purpose for which the data is collected and used, and once the storage periods expire, data will be securely deleted/destroyed in the absence of a sound new lawful basis to retain it. However, personal data may be stored for longer periods by the Company insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific, historical research or statistical purposes ensuring appropriate safeguards are in place i.e. irreversibly anonymised.
The Company will ensure that all personal data collected and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction or damage. The state of technological development, the cost of implementing the measures, the nature of the data concerned and the degree of harm that might result from unauthorised or unlawful processing are all taken into account when the Company are determining the security measures that are put in place. Further details are outlined in the Company’s IT Security Policy.
Under the GDPR, organisations are obliged to demonstrate that their processing activities are compliant with the Data Protection Principles. The principle of accountability seeks to guarantee the enforcement of the Principles.
The Company will demonstrate compliance in the following ways:
- By keeping an internal record of all personal data collected, held or processed as per Article 30 – these are kept in the form of departmental data mapping documents. Upon request, these records will be disclosed to the relevant data protection authority.
- When the Company is acting as a Data Controller, we will record the following:
- Contact details of the Controller/representative/Data Protection Officer
- List of personal data being processed
- Categories of data subjects
- Processing activities
- Categories of recipients with whom the data will be shared
- Retention periods
- Deletion methods
- International transfers and measures in place to ensure they are lawful
- Detailed descriptions of the security measures implemented in respect of the processed data
- When the Company is acting as a Data Processor, we will record the following:
- Name of the Controller/representative/Data Protection Officer
- Categories of processing carried out on behalf of the Controller
- International transfers (if applicable) and measures in place to ensure they are lawful
- In order to assess the potential risks arising out of any new processing activity the GDPR requires organisations to conduct a Data Protection Impact Assessment (DPIA). The Company will demonstrate its compliance by carrying out Assessments whenever any new processing activity is proposed, especially where it involves new technologies, resulting in a high degree of risk for data subjects. After the PIA has been carried out and if all the risks cannot be mitigated, then the Company will consult with the relevant data protection authority. The DPIA will be overseen by the Company’s Data Protection Officer and the DPIA’s will be filed and retained as proof of compliance.
- The Company will appoint a Data Protection Officer if required i.e. if its core data processing activities change to further involve:
- Regular and systematic monitoring of data subjects on a large scale; or
- Processing sensitive personal data on a large scale.
- The Company maintains a data protection document framework i.e. policies & procedures, training records etc.
- The Company ensures that data protection by design is addressed throughout the life cycle of any processing activity but especially at the time of planning the means and type of processing and during the processing itself. Necessary safeguards are integrated into the Company’s systems with the use of data minimisation and pseudonymisation as privacy enhancing tools. The Company assess the risks of a process and tries to mitigate those risks in order to meet the data protection by design requirements.
- The Company also ensures that data protection by default is implemented by choosing the most data protective setting as the default i.e. users will have to opt in to any settings that presents greater risks. By default, only the personal data that is necessary is processed.
DATA SUBJECT ACCESS REQUESTS
As part of the day-to-day operation of the organisation, The Company’s staff engage in active and regular exchanges of information with Data Subjects. Where a formal request is submitted by a Data Subject in relation to the data held by The Company, such a request gives rise to access rights in favour of the Data Subject.
There are specific time-lines within which The Company must respond to the Data Subject, depending on the nature and extent of the request. The Company’s Data Access Request Policy requires a data subject to contact Joe Mullee who will address the request directly.
Where a formal request is submitted by a Data Subject in relation to the data held by the Company, such a request gives rise to access rights in favour of the Data Subject, the Regulation sets out the following rights applicable to data subjects:
- The right to be informed (see above);
- The right of access;
- The right of rectification;
- The right to erasure (also known as the “right to be forgotten”);
- The right to restrict processing;
- The right to data portability;
- The right to object;
- Rights with respect to automated decision-making and profiling.
- The right to withdraw consent
The Company’s staff will ensure that, where necessary, such requests are forwarded to Joe Mullee in a timely manner, and they are processed as quickly and efficiently as possible.
TRANSFERRING PERSONAL DATA TO A COUNTRY OUTSIDE THE EEA
The Company may from time to time transfer (“transfer” includes making available remotely) personal data to countries outside the Economic European Area (EEA).
The transfer of personal data to a “third country” i.e. outside the EEA, will only take place if one or more of the following applies:
- Is a country that the European Commission has determined to have an adequate level of protection for personal data;
- 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; certification under an approved certification mechanism as provided for in the Regulation; 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;
- The transfer is made with the informed consent of the relevant data subject(s);
- The transfer is necessary for the performance of a contract between the data subject and the Company (or for pre-contractual steps taken at the request of the data subject);
- The transfer is necessary for important public interest reasons;
- The transfer is necessary for the conduct of legal claims;
- The transfer is necessary to protect the vital interests of the data subjects or other individuals where the data subject is physically or legally unable to give their consent; or
- The transfer is made from a register that, under relevant data protection 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
It should be noted that the Company treat data breaches very seriously and any employee who becomes aware of a likely data breach and fails to notify the data compliance officer may be subject to the Companies disciplinary procedure depending on the severity of the breach.
In the event of a breach, or suspected breach, Joe Mullee must be notified immediately. All employees have received training to this affect and are aware of both what constitutes a breach and the process for reporting this.
The Company shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:
- All employees, agents, contractors, or other parties working on behalf of the Company handling personal data:
- Will be appropriately trained to do so;
- 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 Company arising out of this Policy and the Regulation
- Bound to do so in accordance with the principles of the Regulation and this Policy by contract
- All employees, agents, contractors, or other parties working on behalf of the Company:
- Will be made fully aware of both their individual responsibilities and the Company’s responsibilities under the Regulation and under this Policy and will be provided with an opportunity to read this Policy. A document stating that this document has been read and understood should be signed by all relevant parties.
- That need access to and use of, personal data in order to carry out their assigned duties correctly will have access to personal data held by the Company.
- Methods of collecting, holding and processing personal data will be regularly evaluated and reviewed;
- The performance of those employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed.
POLICY HAS BEEN APPROVED
This Policy will be reviewed and updated on an annual basis, or sooner if required and has been approved and authorised by:
NAME: Joe Mullee
POSITION: Group Finance Director and Company Secretary