Our Data Protection & Confidentiality Services
Data Protection law, along with the obligations and rights of the Data Protection Act 2018 (DPA 2018) and UK General Data Protection Regulation (UK GDPR) cannot be ignored by any business. They set out the legal framework with handling personal data. We also regularly advise in other areas of information law, such as on the law of confidentiality. In today’s business world, you will want to protect your business ideas, know when confidential information can and cannot be disclosed and how to disclose confidential information in the right way. We can advise and draft confidentiality agreements (also known as non-disclosure agreements) to suit your legal realities and commercial requirements.
Data Protection is central to all businesses and personal data can apply to a vast range of individuals, such as current, past, future clients, employees, suppliers, contractors, and business partners.
There are many potential issues under GDPR, for example:
- Obtaining and managing valid consent to using personal data.
- Being aware of the special categories of personal data.
- Knowing and understanding the duties of those who process personal data, i.e., a controller or processor.
- Rights to accessing, correcting, changing and removing personal data.
As well as the above, Data Protection provisions are crucial when drafting various commercial and corporate agreements. A few examples are data sharing agreements and data privacy notices for employees, workers and contractors.
A duty of Confidentiality can arise in two typical ways, either by an express or implied term of a contract, or from a common law duty where information is received in confidence and cannot be disclosed with the discloser’s permission; or used in a way that may prejudice the discloser of that information.
It is crucial to protect sensitive and valuable data such as trade secrets and business processes. This can be done by having the following in place:
- Suitable confidentiality clauses in commercial agreements.
- Comprehensive confidentiality or non-disclosure agreements in place.
- Advice with creating and maintaining confidentiality records and the knowing when it is appropriate to use confidential information.
We are ready to assist you and provide tailored advice and make those steps to properly collect, store and protect relevant data.
We are also available to advise you on protecting your commercial and confidential information.
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A Full Service DATA PROTECTION LAW AND CONFIDENTIAL INFORMATION FIRM
With businesses focusing on their daily matters, sometimes the duty to properly protect, store and deal with personal data are overlooked or forgotten. The consequences for breaching data protection laws can be severe. The Information Commissioner’s Office, commonly known as the ICO, can serve upon any offending party warnings, enforcement and penalty notices. In severe breaches, the ICO has the authority to issue fines of up to £17.5M or 4% of a business’ worldwide turnover (whichever is higher).
Protecting a business and its reputation will naturally entail having the correct understanding of data protection and privacy law. This extends to having the appropriate procedures and systems in place to achieve the above. Thursfields can assist with this. Also, we can draft various agreements that require extensive data protection provisions, such as framework agreements and call-off contracts. We can also offer expertise legal advice with data protection policies to protect your business’ information and commercial interests.
It is always beneficial to have an agreement in place before there is a breach of any confidentiality duties. This is because it is more difficult to regulate or control data that has been made public. It is also harder to apply a confidentiality agreement on a retrospective basis.
In addition to the above, we are also able to fully advise how confidential information can be properly transferred to another third party, for example by way of a licence to another party, or as part of negotiations in respect of new projects or joint ventures between business partners or companies.
Often, confidentiality agreements will refer to various data protection provisions and any agreement will need to carefully take into consideration any personal information between both parties under that agreement.
Contact Thursfields today to discuss your issues and actively seek practical legal advice to protect your business.
Data Protection & Confidentiality Solicitors
Our Data Protection & Confidentiality team offers proactive guidance on all areas of Data Protection & Confidentiality Agreements. Get in touch today to find out what we can do to help you.
Associate Director, Corporate and Commercial
Specialising in commercial and corporate law, Hannah has advised a range of national and multinational clients on matters such as terms and conditions of sale, manufacturing agreements, distribution networks and franchise agreements, framework supply agreements and research and development agreements.
She also has a keen interest and experience in advising on IT contracts and data protection matters, having advised telecommunications companies, biometric data technology providers and IT full service companies. She has advised on SAAS agreements, escrow agreements, intellectual property licensing agreements and bespoke software development agreements.
Hannah often gets her teeth stuck into some more unusual situations for clients having advised on a Chamber’s constitution, sports club constitutions, doctor’s partnership agreements, sponsorship agreements and talent management agreements.
Hannah always endeavours to transform complicated matters in plain and simple ways, so contracts are easier to interpret and understand for everybody involved.
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Thursfield’s solicitors are available to review your unique circumstances and provide clear legal advice.
Data Protection & Confidentiality Legal Advice for a Range of Sectors
At Thursfields, we provide our wide range of clients with advice on the risks and remedies related to safeguarding personal information. We also implement thorough data protection policies to guarantee that companies are in compliance with the GDPR.
For Data Protection & Confidentiality Agreements advice that puts your needs first, get in touch with our Data Protection & Confidentiality solicitors today.