General Data Protection Policy
This policy applies to all employees for which we hold personal data, who must make themselves familiar with this policy and comply with its terms. We may supplement or amend this policy by additional policies and guidelines from time to time. Any new or modified policy will be circulated to employees before being adopted.
Who is responsible for this policy?
Our Directors have overall responsibility for the day-to-day implementation of this policy. You should contact the Directors for further information about this policy if necessary.
T-PADS Cycling and all associated entities are committed to protecting the rights and freedoms of data subjects and safely and securely processing their data in accordance with all of our legal obligations.
We hold personal data about our employees, clients, suppliers and other individuals for a variety of business purposes.
This policy sets out how we seek to protect personal data and ensure that our employees understand the rules governing their use of the personal data to which they have access in the course of their work. This policy requires Directors to agree before any significant new data processing activity is initiated to ensure that relevant compliance steps are addressed.
The purposes for which personal data may be used by us:
Business purposes include the following:
‘Personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Personal data we gather may include individuals’ phone number, email address, educational background, financial and pay details, details of certificates and diplomas, education and skills, marital status, nationality, job title, and CV.
|Special categories of personal data||Special categories of data include information about an individual’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership (or non-membership), physical or mental health or condition, criminal offences, or related proceedings, and genetic and biometric information —any use of special categories of personal data should be strictly controlled in accordance with this policy.|
|Data controller||‘Data controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by law.|
|Data processor||‘Processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.|
|Processing||‘Processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.|
|Supervisory authority||This is the national body responsible for data protection. The supervisory authority for our organisation is [the Information Commissioners Office].|
4. The Principles
T-PADS Cycling Ltd shall comply with the principles of data protection (the Principles) enumerated in the General Data Protection Regulation.
We will make every effort possible in everything we do to comply with these principles.
The Principles are:
1) Lawful, Fair and Transparent – Data collection will be fair, processed for a legal purpose and we will be open and transparent as to how the data will be used.
2) Limited for its purpose – Data will only be collected for a specific purpose.
3) Data minimisation – Any data collected will be necessary and not excessive for its purpose.
4) Accurate – The data we hold will be accurate and kept up to date.
5) Retention – We will not store data longer than necessary.
6) Integrity and confidentiality – The data we hold will be kept safe and secure.
5. Controlling vs. processing data
T-PADS Cycling and all associated entities is classified as both a data controller and data processor and maintains appropriate registration with the Information Commissioners Office in order to continue to lawfully control and process data.
6. Lawful basis for processing data
We will establish a lawful basis for processing data and at least one of the following conditions will apply whenever we process personal data:
1) Consent – We hold recent, clear, explicit, and defined consent for the individual’s data to be processed for a specific purpose.
2) Contract – The processing is necessary to fulfil or prepare a contract for the individual.
3) Legal obligation – We have a legal obligation to process the data (excluding a contract).
4) Vital interests – Processing the data is necessary to protect a person’s life or in a medical situation.
5) Public function – Processing necessary to carry out a public function, a task of public interest or the function has a clear basis in law.
6) Legitimate interest – The processing is necessary for our legitimate interests. This condition does not apply if there is a good reason to protect the individual’s personal data which overrides the legitimate interest.
7) Special categories of personal data – This data about an individual is more sensitive, so therefore, requires more protection. This type of data could create more significant risks to a person’s fundamental rights and freedoms, for example by putting them at risk of unlawful discrimination. The special categories include information about an individual’s:
- Ethnic Origin
- Trade Union Membership
- Biometrics (where used for ID purposes)
- Sexual Orientation
In most cases where we process special categories of personal data we will require the data subject’s explicit consent to do this unless exceptional circumstances apply, or we are required to do this by law (e.g. to comply with legal obligations to ensure health and safety at work). Any such consent will need to clearly identify what the relevant data is, why it is being processed and to whom it will be disclosed.
Our responsibilities as an organisation:
- Analysing and documenting the type of personal data we hold
- Checking procedures to ensure they cover all the rights of the individual
- Identify the lawful basis for processing data
- Ensuring consent procedures are lawful
- Implementing and reviewing procedures to detect, report and investigate personal data breaches
- Store data in safe and secure ways
- Assess the risk that could be posed to individual rights and freedoms should data be compromised
Our employees responsibilities:
- Fully understand your data protection obligations
- Check that any data processing activities you are dealing with comply with our policy and are justified
- Do not use data in any unlawful way
- Do not store data incorrectly, be careless with it or otherwise cause us to breach data protection laws and our policies through your actions
- Comply with this policy at all times
- Raise any concerns, notify any breaches or errors, and report anything suspicious or contradictory to this policy or our legal obligations without delay
Responsibilities of the Directors
- Keeping updated about data protection responsibilities, risks and issues
- Reviewing all data protection procedures and policies on a regular basis
- Arranging data protection training and advice for all employees and those included in this policy
- Responding to individuals such as clients and employees who wish to know which data is being held on them by us
- Checking and approving with third parties that handle the company’s data any contracts or agreement regarding data processing
- Ensure all systems, services, software and equipment meet acceptable security standards
- Approving data protection statements attached to emails and other marketing copy
- Addressing data protection queries from clients, target audiences or media outlets
8. Accuracy and relevance
We will ensure that any personal data we process is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. We will not process personal data obtained for one purpose for any unconnected purpose unless the individual concerned has agreed to this or would otherwise reasonably expect this.
9. Storing data securely
In cases when data is stored on printed paper, it should be kept in a secure place where unauthorised personnel cannot access it.
- Printed data should be shredded when it is no longer needed.
- Data stored on a computer should be protected by strong passwords that are changed regularly.
- Data stored on CDs or memory sticks must be encrypted or password protected and locked away securely when they are not being used.
- Servers containing personal data must be kept in a secure location
- Data will be regularly backed up in line with the company’s backup procedures.
- Data should never be saved directly to mobile devices such as laptops, tablets or smartphones
- All servers containing sensitive data must be approved and protected by security software.
- All possible technical measures will be put in place to keep data secure.
10. Data retention
We will retain personal data for no longer than is necessary. What is necessary will depend on the circumstances of each case, taking into account the reasons that the personal data was obtained, but will be determined in a manner consistent with our data retention guidelines.
11. Transferring data internationally
There are restrictions on international transfers of personal data. Employees must not transfer personal data abroad, or anywhere else outside of normal rules and procedures.
12. Rights of individuals
Individuals have rights to their data which we will respect and comply with to the best of our ability. We will ensure individuals can exercise their rights in the following ways:
- Right to be informed
- Providing privacy notices which are concise, transparent, intelligible and easily accessible, free of charge, and are written in clear and plain language.
- Keeping a record of how we use personal data to demonstrate compliance with the need for accountability and transparency.
- Right of access
- Enabling employees to access their personal data and supplementary information
- Allowing employees to be aware of and verify the lawfulness of the processing activities
- Right to rectification
- We will rectify or amend the personal data of the employee if requested because it is either inaccurate or incomplete.
- This will be done without delay, and no later than one month.
- Right to erasure – We will delete or remove an employee’s data if requested as long as there is no compelling reason for its continued processing.
- We can refuse to comply with a right to erasure in the following circumstances:
- To exercise the right of freedom of expression and information
- To comply with a legal obligation for the performance of a public interest task or exercise of official authority
- For public health purposes in the public interest
- For archiving purposes in the public interest, scientific research, historical research or statistical purposes
- The exercise or defence of legal claims
- Right to restrict processing
- We will comply with any request to restrict, block, or otherwise suppress the processing of personal data.
- We are permitted to store personal data if it has been restricted, but not process it further. We must retain enough data to ensure the right to restriction is respected in the future.
- Right to data portability
- We will provide employees with their data so that they can reuse it for their own purposes or across different services.
- We will provide it in a commonly used, machine-readable format, and send it directly to another controller if requested.
- Right to object
- We will respect the right of an employee to object to data processing based on legitimate interest or the performance of a public interest task.
- We will respect the right of an employee to object to direct marketing, including profiling.
- We will respect the right of an employee to object to processing their data for scientific and historical research and statistics.
- Rights in relation to automated decision making and profiling
- We will respect the rights of employees in relation to automated decision making and profiling.
- Employees retain their right to object to such automated processing, have the rationale explained to them, and request human intervention.
13. Subject Access Requests
Employees have the right to have access to the personal data that we are processing under a subject access request (SAR)
They have the right to:
- Be advised whether any personal data is being processed
- Be advised what information is being processed; the reasons it is being processed, and whether it will be given to any other person or organisation
- Be given a copy of the information comprising the data; and given details of the source of the data.
The right is to have access to data that is:
- Automatically processed
- Data forming part of a relevant filing system
- Data forming part of an accessible record, such as health or educational records, or public records
- Data recorded by a public authority
We endeavour to provide data subjects access to their information in commonly used electronic formats, and where possible, provide direct access to the information through a remote accessed secure system.
There are exceptions to the type of information that employees can have access to, including:
- Information held about negotiations with the employee about settlement
- Management plans about the employee
- Confidential references that the employer has provided for the employee
- Legal advice/proceedings concerning the employee
- Health records where disclosure would cause serious harm to the physical or mental health of the employee or another person.
- Information concerning a third party.
15. Criminal record checks
Any criminal record checks are justified by law. Criminal record checks will not be undertaken based solely on the consent of the subject. We will not keep a comprehensive register of criminal offence data. All data relating to criminal offences is considered to be a special category of personal data and will be treated as such.
16. Audits, monitoring and training
Data audits Regular data audits will be undertaken to manage and mitigate risks. This contains information on what data is held, where it is stored, how it is used, who is responsible and any further regulations or retention timescales that may be relevant. Monitoring We will keep this policy under review and amend or change it as required. Training Employees will receive adequate training on provisions of data protection law specific for their role. Employees must complete all training as requested. If employees move role or responsibilities, they are responsible for requesting new data protection training relevant to their new role or responsibilities.
17. Reporting Breaches
Any breach of this policy or of data protection laws will be reported as soon as practically possible and at least within 72 hours.
All employees have an obligation to report actual or potential data protection compliance failures. This allows us to:
- Investigate the failure and take remedial steps if necessary
- Maintain a register of compliance failures
- Notify the Information Commissioner of any compliance failures that are material either in their own right or as part of a pattern of failures
18. Failure to comply
We take compliance with this policy very seriously. Failure to comply puts both employees and the organisation at risk.
The importance of this policy means that failure to comply with any requirement may lead to disciplinary action under our procedures which may result in dismissal.
If you have any questions or concerns about anything in this policy, do not hesitate to contact the DPO.
This policy will be monitored periodically to judge its effectiveness and will be updated in accordance with changes in legislation.
[This Policy is not contractual in nature, (but bound in part by current legislation of which the Company is duty bound to comply with), but merely a statement of current intent on the part of the Company, which it can change with or without consultation].