Data Protection

Do I need a Privacy Policy?

Since the GDPR rules were brought into force in the UK, through the Data Protection Act 2018, it’s become mandatory for pretty much all businesses to have a privacy policy.

If you’re collecting personal data from individuals, (which means information by which you can identify someone, such as their name, address or email address), then you will need to have a privacy policy.

Most businesses with an online presence will need to make their privacy policies available online. Although in the past it was possible to take a very basic privacy policy, and use it for all types of business, these days it’s not really possible to do this. The reason is that the new GDPR rules require a business to give a lot more information about how they will be using the data that they are collecting from their users or customers.

Does GDPR still apply after Brexit?

The short answer is yes. Although the UK left the European Union on 31st January 2020, the UK government confirmed that it will continue to abide by the GDPR regulations and will, in due course, amend the Data Protection Act to ensure all relevant GDPR requirements are included in English law.

What are the basic rules of data protection?

Although the new rules introduced by the European Union have made data protection laws quite a lot more complicated than they used to be, it is still possible to boil down a large portion of the rules and regulations into just two basic principles.

These are:

  1. You’re allowed to use the personal information you collect from your customers, if your use of the data is necessary for the purposes of carrying out the services you’re providing them. In such a case, you don’t need to ask the user for their specific consent to use their information for that purpose.
  2. If you want to use your customer’s personal information for any other reason (which is not necessary for the service you are providing) then you will need to get their specific consent in advance.

What about sending marketing emails to my customers?

A common application of these principles is that businesses are entitled to send email messages to their customers to tell them about new products or services they’re offering that might be of interest to them. However, they can no longer send the same customers the same type of information regarding products or services being offered by third parties, unless they first get their customer’s consent.

Do I need to get ‘explicit consent’ or can I just put it in my Terms and Conditions?

Under the GDPR rules, consent must now be ‘explicit consent’. That means the individual must tick a box, or move a slider, or give some other explicit confirmation for their data to be used in a certain way. It’s no longer enough to rely on the passive acceptance of terms and conditions which simply state that the customers’ information could be used in this fashion. Now consent has to be actively given.

Get Help With Data Protection

Sectors we work with

We provide services for a number of different sectors including start-ups, property developments, small businesses and more.

Start-ups

We help you from day one, and stay with you all the way. From incorporating your company, to advising you on the terms of your articles of association and shareholders agreement.

Small Businesses

We help small businesses in all different types of industries. From early stage, high growth, online businesses to long-established bricks and mortar companies.

Media Clients

Our media clients love the fact that we’re experienced in the world of media and understand their industry and their way of doing things.

Online and Ecommerce

We work with hundreds of online and ecommerce clients. Creating solutions to help make the world an easier, more connected and more enjoyable place to live.

Fintech

We’re proud to work with a number of leading online banking and payment processors, bitcoin and crypto-currency trading solutions and peer-to-peer lending platforms.

Property Development

We can advise you quickly and easily on the options available to you and guide you through market practice and investor expectations.

Get in touch today

We’re always happy to discuss any new ideas or legal questions you may have. So, feel free to get in touch with us today. Just complete the form below and hit ‘Submit’ or click on the ‘Request Callback’ button and we’ll be delighted to speak with you.

020 3695 8920
ray@raylevylaw.com
Request Callback