Privacy documentation
The right privacy documentation demonstrates commitment to data protection, builds trust and confidence in your organisation and helps to earn the loyalty of those you work with- whether that’s customers, clients or staff.
Why You Need Privacy Documentation
There are various legal requirements on organisations in respect of processing personal data. This includes an obligation to disclose certain data (including details of the intended purpose of, and the legal basis for, the processing) to data subjects at the time data is collected. This is usually done through a ‘privacy notice’.
Organisations will also need to comply with data protection principles more generally, respond to data subject rights such as subject access requests and ensure their contracts with third parties have adequate terms in place for data sharing. These are other reasons why it’s important for organisations to have clear documentation in place to help them comply with these requirements.
Under the UK GDPR accountability principle, organisations are responsible for their data protection compliance and must be able to demonstrate this. Clear documentation and data protection policies will help demonstrate compliance, ensure effective accountability and help you keep track of your data processing activities.
Having strong internal policies and procedures can also be useful in preventing and managing data breaches, which in turn will help to protect a business and its reputation. By implementing data protection documentation at an early stage, organisations can ensure that employees are fully aware of their obligations and the relevant procedure to follow in the event of a breach thus mitigating the risks to the business.
Understanding Privacy Documents
Understanding what privacy documentation you need is a difficult first step but our solicitors can help advise on the right privacy documentation for your organisation to help you comply with your data protection responsibilities.
Privacy documentation covers an array of different documents and records, from privacy notices for data subjects to internal contract clauses and policies. What needs to be included in these documents will vary depending on the processing involved.
Most organisations need to document their processing activities to some extent for legal compliance and to improve data governance and it’s important to get this right. Failure to comply with your data protection duties can lead to complaints to the Information Commissioner Officer (ICO) and can result in considerable fines.
Our Data Protection Documentation Services
Our team can help advise on what documentation is necessary and how to implement internal policies and procedures within your organisation. We can also assist in reviewing and drafting a full suite of data protection documentation, including:
- Privacy notices
- Internal policies such as those on data protection, email and internet use, and data retention
- External policies on your website such as cookie use policies
- Internal procedure documents including subject access request procedures and breach management
- Data transfer agreements
- Data protection impact assessments
- Records of processing activities
Our team can also provide tailored training for your organisation to assist you in embedding these into your organisation.
Contact Our Expert Data Protection Solicitors
If you need any assistance with privacy documentation or data protection in general please do get in contact with our data protection team.
“Very professional, knowledgeable and accessible lawyers.”
Chambers and Partners
FAQs – Privacy Documents
This is any document containing data privacy information. It can range from privacy statements and cookie use policies, to internal policies and procedures that your employees will have to comply with to meet their data protection obligations.
There are various documents, however we have listed the main documents below:
- Data Protection Policy
- Privacy Notice
- Employee Privacy Notice
- Data Retention Policy
- Data Retention Schedule
- Data Subject Consent Form
- DPIA Register
- Supplier Data Processing Agreement
- Data Breach Response and Notification Procedure/Policy
There are certain steps and documentation needed to demonstrate compliance. These include, but are not limited to:
- Testing and auditing data protection measures
- Implementing technical measures to ensure compliance
- Documenting and recording compliance measures
- Determining and documenting a lawful basis for each instance of personal data processing
- Lawfulness, fairness and transparency in processing of personal data
- Collecting personal data for specified, explicit and legitimate purposes
- Accuracy in holding personal data and keeping it up to date
- Processing in a manner that ensures appropriate security of the personal data
Article 30 of the UK GDPR imposes documentation requirements on controllers and processors, which includes the purposes of processing personal data; the categories of individuals whose personal data is being processed; the name of any third countries or international organisations that you transfer personal data to; and a general description of your organisation’s technical and organisational security measures to protect the personal data.
