Under the Data Protection Act 1998 (DPA) your employees have extensive rights regarding the data you hold on them. DPA rights commonly arise in relation to the following areas during employment:

  • Recruitment
  • Business transfers and Service Provision Changes under TUPE
  • Monitoring of employees
  • References
  • Retention of employee records
  • Health information

Infringement of the Data Protection Act

Infringement of the DPA can give rise to complaints to the Information Commissioners Office which has wide investigatory and enforcement powers and can impose fines of up to up to 10 million euros, or, in the case of an undertaking, up to 2% of its entire global turnover of the preceding fiscal year, whichever is higher for serious breaches of the DPA. Failure to comply with the DPA can also result in Court claims for damage or distress and criminal prosecutions.

We regularly advise our employer clients on their obligations under the DPA thereby minimising the risk to their organisation in respect of non-compliance.

How we can help

We will:-

  • Help you navigate your statutory responsibilities
  • Draft customised Privacy Notices and Data Protection Policies
  • Assist you with data subject access requests

Meet Our Employment Team

David Seals

David Seals

Partner
Tel: +44 (0) 1737 307101
Email: David Seals

Elizabeth Barrett

Elizabeth Barrett

Solicitor
Tel: +44 (0) 1306 502986
Email: Elizabeth Barrett

Helen Boddy

Helen Boddy

Consultant Solicitor
Tel: + 44 (0) 1306 502223
Email: Helen Boddy


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