General Data Protection Regulation (GDPR) and Data Protection Reform

Reform is a response to advances in technology, the way business uses technology and data and the consequential privacy risks for consumers and employees.  GDPR represents the biggest shake up in the data protection arena in 20 years, introducing stringent compliance requirements and tough penalties in the event of breach of data protection principles.

The Information Commissioner’s Office (ICO), the public body in the UK with responsibility for taking enforcement action in relation to data protection matters, has demonstrated an increased appetite for enforcement action under current laws, recently issuing significant fines and naming and shaming well-known charities (Oxfam, Cancer Research UK, British Legion) and other household names, such as Honda and Flybe.

The ICO’s enforcement powers include powers to ban or suspend data processing, potentially at great cost and inconvenience, and the power to issue graduated fines for infringement up to EUR 20million or 4% of global turnover, whichever is the higher.  Under current laws fines are capped at £500,000.

Individuals rights will also be bolstered by reform, with individuals being able to bring civil claims, either alone or as part of a class action, in the event of a data breach.  Under current laws individuals cannot bring standalone claims for distress or hurt feelings and so claims are rare – this will change from May 2018.

The biggest challenge for businesses will be updating their approach to data protection compliance to take account of the more stringent regime and to avoid enforcement action, fines and reputational damage.  Legal reform and GDPR should also be seen an opportunity for businesses to secure a competitive edge by demonstrating intelligent data handling and protection to match future consumer expectations.

Businesses (large and small) cannot afford to ignore data protection reform or delay taking steps to ensure compliance.  Myerson can provide straightforward and practical advice and support to ensure that your business is ready to comply in time.

• Myerson Solicitors' IT lawyers can provide businesses with extensive legal advice and support on a wide range of IT-related matters.
• We are highly skilled in matters relating to data protection, ensuring that businesses comply with relevant legislation such as the General Data Protection Regulation (GDPR).
• We can also provide expert guidance on software licensing, reselling, and development.
• Other areas of expertise include e-commerce, intellectual property, and technology-related disputes.
• Working with Myerson Solicitors means you'll have access to legal experts who can support and help your business stay ahead of the curve in today's ever-evolving digital landscape.
• An alternative to the major, regional, and national firms by offering high-quality Technology law advice from specialist solicitors, but on a much more cost-effective basis.
• By working closely with our IT clients, we can ensure we meet their expectations regarding business operations, providing clear and specialist expertise. We are easy to deal with and understand that a common-sense approach is often required.
• Extensive experience in dealing with a broad range of IT disputes, such as data protection and software development issues, giving businesses fast and helpful advice based on knowledge of your business, its history, and pressures.
• A partner-led service and a genuinely accessible team of experienced IT law solicitors due to our size, structure, and unique culture.