What is UK GDPR?

It’s no secret that data has become a valuable commodity in today’s digital age and as a result, protecting personal information has become increasingly important.

That’s where the UK General Data Protection Regulation (UK GDPR) comes in.

The UK’s data protection laws may have “UK” in the name, but they are almost identical to the EU’s General Data Protection Regulation (GDPR).

UK GDPR is designed to give individuals more control over their personal data.

This includes everything from collecting data online to recording data on paper.

If your website processes personal data, such as through cookies and third-party trackers, you need to make sure you have each user’s explicit consent before processing their data (the only exception is essential cookies).

You also need to ensure that it’s easy for users to change or withdraw their consent at any time.

Furthermore, users have a set of rights under these laws, including the right to have their data corrected and the right to have it erased.

If you collect and store personal data, you’re considered a ‘Data Controller’.

Data Controllers have specific responsibilities when processing personal data and often requires them to register with the Information Commissioner on their Register of Fee Payers.

There is a fee and small businesses generally pay around £40 or £60, but if you’re not sure, you can use the ICO’s self assessment to see if you have to register Registration self-assessment.

To better understand the terminology around the legislation, have a read of our UK GDPR Glossary.

The UK GDPR key principles

When it comes to data protection, UK GDPR may seem like a whole new ball game.

But, in reality, most of its principles are nothing new.

Of the seven principles listed in the UK GDPR, only one – accountability – is actually novel to data protection laws.

The other six principles have all been present in data protection legislation for quite some time, including in the UK’s Data Protection Act 1998.

So, while UK GDPR may be stricter in enforcing these principles and potentially imposing harsher penalties for non-compliance, at its core it is simply an update and strengthening of existing data protection guidelines.

Data protection can be complex and it may seem intimidating, but it has been around for a long time and just by thinking about how you process personal data – what you collect and why, where is it stored and is it safe, can I find it, can I respect people’s privacy, do I delete it securely – goes a long way to helping make sure you are compliant.

The Information Commissioner publishes guidance for SMEs to help with data protection, which can be useful.

The government recognises the burden data protection can have on smaller businesses and announced a reform to UK GDPR with the proposed Data Protection and Digital Information Bill.

The Bill is still to be agreed and its intention is to make it easier for businesses to comply, so watch this space!

1. Data must be collected and used fairly, transparently, and within the law

When collecting consumer data, you must provide them with key information about your business, why you need to collect personal data, and the intended use of their data.

This is called a privacy notice or fair processing statement and it should be available to them when the personal data is collected.

It must be obvious how an individual can access and change the data stored, and you cannot misguide or lie to your customers.

If you are collecting a customer’s consent to use their personal data, you must make the consent a free affirmative choice (opt-in, not opt-out) and it must be clear what they are consenting too and not be packaged as part of terms and conditions.

If someone feels forced to provide consent to get a service, it’s not true consent and you need another lawful basis to process their personal data.

Images captured on CCTV are included in the UK GDPR and so notices must be displayed if you use CCTV on your premises.

2. The information held must be adequate for its purpose, relevant and limited to only what is necessary

You cannot hold more data than your intention deems necessary – only take the data you directly need to use.

For example, an online retailer may only need a customer’s name, email address, and mailing address in order to fulfil their orders.

It would not be necessary or ethical for them to also collect information such as political opinions or health conditions.

Adhering to data minimisation helps to protect customers from having their personal data unnecessarily collected and potentially lost, stolen, or misused.

In short, data minimisation ensures that organisations do not overreach with their data collection efforts and helps to build trust with customers.

3. Information must be accurate and where necessary kept up-to-date

Information is a business asset, so you have to manage it and make sure it is accurate and up to date.

It’s a good idea to regularly confirm with your customers their data is accurate and update where necessary, for example if your customer changes their address or phone number.

You may also want to enable consumers to update their own information manually online.

A consumer can ask you to correct their information (as one of their individual rights), which if you don’t do or explain why you can’t do it, it can lead to enforcement action and potential legal action and penalties.

4. Data should only be used for specified, explicit purposes

When it comes to data collection, there are certain guidelines that need to be adhered to in order to ensure data protection.

Data can only be collected for explicitly stated purposes and should not be processed in a way that goes against those initial intentions.

However, data may be further processed for archiving, research, or statistical purposes if they are deemed to serve the public interest.

It’s important to remember that data should always be collected and used responsibly, and not treated frivolously or without purpose.

By staying aware of these guidelines and limitations, we can ensure that data is protected and used ethically.

5. Data must not be stored longer than needed

You cannot store data indefinitely.

You need to know how long the information is kept for.

If there are no legal requirements to keep the information, then make a business decision, but you are obliged to tell the customers how long you expect to keep their information for.

When you no longer need the personal data, you need to manage it and either delete ir anonymise it.

6. The information must be safe and stored away from unauthorised access

You must keep your information safe from physical damage, loss, theft, or unauthorised access, alteration or misuse.

Appropriate information security protections must be put in place to make sure information isn’t accessed by friends, family, colleagues, hackers or accidentally leaked as part of a data breach.

While a bank may need to implement stronger protocols than a shop, there are still steps every business can take to ensure the safety of personal data.

You should keep track of how data is being handled and make sure only authorised individuals have access to it.

This includes implementing proper access controls, making sure as few people have access to the data as possible, and encrypting websites to prevent data breaches.

Keeping data secure also involves training staff in data protection measures and continuously evaluating your data handling processes.

In the event of a data breach, if there is a serious risk of harm to the rights or privacy of any data subjects, the Data Controller is required by law to report the incident to the ICO, as well as informing the individuals who may be impacted by the breach.

This allows those affected to take steps to mitigate any potential damage, such as financial loss or harm to their reputation.

In the UK, data breaches must be reported to the ICO within 72 hours of discovery.

7. You must be accountable for your use and storage of data

As data protection becomes increasingly important, the accountability principle within UK GDPR helps to ensure that organisations are transparent and responsible in their handling of data.

Being able to demonstrate accountability can be crucial if a company is under investigation for potentially breaching UK GDPR principles.

Having an accurate record of all data processing systems, procedures, and any steps taken to prevent errors can prove to regulators that the company takes its data protection obligations seriously.

The accountability principle also encourages continuous improvement by regularly reviewing and updating data protection policies and practices.