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Privacy and Data Protection

Audits

 

Audits help organisations to understand and meet their data protection obligations. The audit will check the effectiveness of controls in place and look at the suitability of your policies and procedures.

Our lawyers can conduct a full compliance privacy health check of your business including a review of any technical and organisational measures employed, providing clear and practical recommendations.

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FAQs – Audits

A data protection audit assists a business in understanding what personal data the organisation collects and processes. It is carried out to ascertain if the organisation is compliant with the data protection laws and it will usually assess the organisation’s procedures, systems, records and activities.

The UK GDPR includes an accountability principle which requires a controller to demonstrate compliance with the data protection principles of the UK GDPR. An audit is one of the ways in which a controller can demonstrate accountability. Although the UK GDPR does not directly apply to processors, both controllers and processors have compliance obligations and an audit is one of the ways which can demonstrate compliance.

This depends on the size and complexity of the organisation. At minimum, a data protection audit should be performed once each year. If there are several areas that need to be improved, you should consider working on those areas more regularly until the organisation is confident that it is compliant with the data protection regulation.

In summary, the data protection audit is likely to cover governance and accountability; security measures in place; whether data is transferred outside the UK and arrangements for such transfers; and whether there are procedures for data subjects’ rights, amongst other areas. The nature of the audit will depend on the specific organisation and method of audit.

If the organisation has a data protection officer (DPO), they will likely oversee the audit. If the organisation has no DPO or Compliance Manager, then the business must select an auditor. The auditor will then decide whether to use a customised questionnaire audit or conduct a personal interview or a blend of both methods.

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Read, listen and watch our latest insights

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  • 04 November 2022
  • Privacy and Data Protection

The seriousness of non-compliance with DSARs

In this podcast Melanie Pimenta and Sana Nahas members of the Data Protection team at Clarkslegal discuss some of the issues surrounding non-compliance with subject access requests, commonly known as “DSARs”.

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  • 02 November 2022
  • Privacy and Data Protection

Breaches of personal data – notification under UK GDPR

The European Data Protection Board has opened a public consultation in relation to one of its guidelines on personal data breach notification under the GDPR.

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  • 17 October 2022
  • Privacy and Data Protection

UK Government’s plan to replace UK GDPR 

The Data Protection and Digital Information Bill (‘DPDI Bill’) was due to have its second reading in Parliament on 5 September 2022. The aim of the Bill was to update the UK’s data protection framework.

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  • 20 September 2022
  • Privacy and Data Protection

The Data Protection and Digital Information Bill  

In September 2021, the government launched a consultation – ‘Data: a new direction’ – as part of its proposals to reform the UK’s data protection laws following Brexit, the responses to which were published in June this year.

Pub
  • 12 September 2022
  • Privacy and Data Protection

Regulating AI to protect personal data

In this podcast Melanie Pimenta and Jacob Montague solicitors in the Data Protection team discuss the Government’s proposals to regulate the use of AI.

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  • 30 August 2022
  • Privacy and Data Protection

UK Data Protection – Where are we now?

There have been many developments relating to how data flows are governed, ranging from the standard contractual clauses (SCCs) to the notable Schrems II decision; following this, the UK was deemed an ‘adequate’ country by the EU in respect of personal data transfers.