Tel: 01619269969 / 01517350146   email: hello@mlplaw.co.uk

Is your business ready for the new General Data Protection Regulations coming in 2018?

The new General Data Protection Regulations come in to force on 25th May 2018.

One of the key focuses will be surrounding consent and the consent mechanisms you have in place for your business. The GDPR state that a clearer indication of consent is required and must be “unambiguous and involve a clear affirmative action”.

One of the side effects of the new regulations on consent is that it applies retrospectively to data collected before 25th May 2018, unless the data was collected in accordance with the new rules – which are different from, and more stringent than the existing rules. To use your database which complies only with the old rules therefore could lead to a fine of 4 time’s global turnover.

The new regulation will affect everybody in business and as might be expected, complex. For example, the introductory paragraphs (of which there are 200) impose new duties on those individuals responsible for data protection issues, together with more stringent enforcement penalties.

The new regulation also says that consent should be separate from other terms and conditions and should not be a precondition of signing up to a service.

These changes will take some time to get used to and as it comes into force in exactly 1 year and 1 week, businesses should already be prepared because leaving it until nearer the date will almost certainly lead to non-compliance and potentially huge fines.

We have written a guide to the new rules for the benefit of our MLP Flex clients, who have signed up to our MLP Flex scheme.

For more information, please contact us on 0161 926 9969 or by email hello@mlplaw.co.uk