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Chiltern Legal Limited Data Protection Policy 24 th May 2018

Introduction

This Policy sets out the obligations of Chiltern Legal Limited ("the company") regarding data protection and the rights of clients and business contacts ("data subjects") in respect of their personal data under the General Data Protection Regulation ("the Regulation").


We are Chiltern Legal Limited, a company registered in England and Wales under Company number 06221666 and registered for Value Added Tax (VAT) under registration number 896983532. We are authorised and regulated by the Solicitors' Regulation Authority (SRA) Regulation number 00472679 and registered with the Information Commissioners Office under registration number ZA098954.

The Regulation defines "personal data" as any information relating to an identified or identifiable natural person a 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.


This Policy sets out the procedures that are to be followed when dealing with personal data. The procedures and principles set out herein must be followed at all times by the Company, its employees, agents, contractors, or other parties working on behalf of the Company.


The Company is committed not only to the letter of the law, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.


The Data Protection Principles

This Policy aims to ensure compliance with the Regulation. The Regulation sets out the following principles with which any party handling personal data must comply. All personal data must be:

  1. processed lawfully, fairly, and in a transparent manner in relation to the data subject;
  2. collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
  3. adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed;
  4. accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which they are processed, is erased or rectified without delay;
  5. kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the Regulation in order to safeguard the rights and freedoms of the data subject;
  6. processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

Lawful, Fair, and Transparent Data Processing

The Regulation seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The Regulation states that processing of personal data shall be lawful if at least one of the following applies: the data subject has given consent to the processing of his or her personal data for one or more specific purposes;

  1. processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract;
  2. processing is necessary for compliance with a legal obligation to which the controller is subject;
  3. processing is necessary to protect the vital interests of the data subject or of another natural person;
  4. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  5. processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

Processed for Specified, Explicit and Legitimate Purposes

The Company collects and processes the personal data set out in Part 21 of this Policy. This may include personal data received directly from data subjects (for example, contact details used when a data subject communicates with us) and data received from third parties for example Companies House or the Land Registry.

The Company only processes personal data for the specific purposes set out in Part 21 of this Policy (or for other purposes expressly permitted by the Regulation). The purposes for which we process personal data will be informed to data subjects at the time that their personal data is collected, where it is collected directly from them, or as soon as possible (not more than one calendar month) after collection where it is obtained from a third party.

Adequate, Relevant and Limited Data Processing

The Company will only collect and process personal data for and to the extent necessary for the specific purpose(s) informed to data subjects as under Part 4, above.

Accuracy of Data and Keeping Data Up To Date

The Company shall ensure that all personal data collected and processed is kept accurate and up-to-date. The accuracy of data shall be checked when it is collected and at regular intervals thereafter. Where any inaccurate or out-of-date data is found, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.

Timely Processing

The Company shall not keep personal data for any longer than is necessary in light of the purposes for which that data was originally collected and processed. When the data is no longer required, all reasonable steps will be taken to erase it without delay.


We will hold your personal data until we are satisfied that there is no longer any purpose for retaining it. Different types of files have different limitation periods and so our retention policy is as follows:


Hardcopy deeds and wills: indefinitely.


Wills and Trust files: 6 years after the death of the client if known, otherwise indefinitely


All other files: 12 years from closure


Secure Processing

The Company shall ensure that all personal data collected and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction or damage. Further details of the data protection and organisational measures which shall be taken are provided in Parts 22 and 23 of this Policy.

Accountability

We comply with our obligations under the GDPR by keeping personal data up to date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by protecting personal data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate technical measures are in place to protect personal data. Please address all data protection matters to Debra Cooper, Chiltern Legal Limited 4 Chiltern Road Marlow Buckinghamshire SL7 2PP.

Privacy Impact Assessments

The Company shall carry out Privacy Impact Assessments when and as required under the Regulation which shall address various areas of importance including an assessment of the risks posed to individual data subjects and details of the measures in place to minimise and handle risks including safeguards, data security, and other measures and mechanisms to ensure the protection of personal data, sufficient to demonstrate compliance with the Regulation.

The Rights of Data Subjects

The Regulation sets out the following rights applicable to data subjects:

  1. The right to be informed;
  2. The right of access;
  3. The right to rectification;
  4. The right to erasure (also known as the 'right to be forgotten');
  5. The right to restrict processing;
  6. The right to data portability;
  7. The right to object;
  8. Rights with respect to automated decision-making and profiling.

Keeping Data Subjects Informed

We sometimes need to transfer personal data about you to other people such as our cloud system providers, case management system, Land Registry, Companies House, Probate Registry, HMRC, Office of the Public Guardian, management companies, financial institutions and share registrars. We will never sell your personal data and any transfer will only be in connection with your instructions to us and ancillary to the work we are carrying out.

In order to comply with our own legal obligations, we might also need to provide personal data to the Solicitors Regulation Authority or Legal Ombudsman.

Although rarely required we sometimes have to pass specific data on to our banks, accountants, auditors and insurers to meet our compliance checks and legal obligations.

We also collect third party information, including other parties involved in transactions or settlements. This could be provided by our client or the other party's advisers and used solely for the legitimate purposes of that matter.

We will use your information to contact you about specific matters which you have instructed us on.

You have the right to withdraw your consent to the Company's processing of your personal data at any time and you have the right to complain to the Information Commissioner's Office (the 'supervisory authority' under the Regulation) if the matter cannot be resolved between us.

Data Subject Access

A data subject may make a subject access request ("SAR") at any time to find out more about the personal data which the Company holds about them. The Company is normally required to respond to SARs within one month of receipt (this can be extended by up to two months in the case of complex and/or numerous requests, and in such cases the data subject shall be informed of the need for the extension). All subject access requests received must be forwarded to Debra Cooper, the Company's data protection officer.

The Company does not charge a fee for the handling of normal SARs. The Company reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.

Rectification of Personal Data

If a data subject informs the Company that personal data held by the Company is inaccurate or incomplete, requesting that it be rectified, the personal data in question shall be rectified, and the data subject informed of that rectification, within one month of receipt the data subject's notice (this can be extended by up to two months in the case of complex requests, and in such cases the data subject shall be informed of the need for the extension). In the event that any affected personal data has been disclosed to third parties by the Company, those parties shall be informed of any rectification of that personal data.

Erasure of Personal Data

Data subjects may request that the Company erases the personal data it holds about them in the following circumstances:

It is no longer necessary for the Company to hold that personal data with respect to the purpose for which it was originally collected or processed;

The data subject wishes to withdraw their consent to the Company holding and processing their personal data;

The data subject objects to the Company holding and processing their personal data (and there is no overriding legitimate interest to allow the Company to continue doing so) (see Part 18 of this Policy for further details concerning data subjects' rights to object);

The personal data has been processed unlawfully;

The personal data needs to be erased in order for the Company to comply with a particular legal obligation;

Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject's request (this can be extended by up to two months in the case of complex requests, and in such cases the data subject shall be informed of the need for the extension).

In the event that any personal data that is to be erased in response to a data subject request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).

Restriction of Personal Data Processing

Data subjects may request that the Company ceases processing the personal data it holds about them. If a data subject makes such a request, the Company shall retain only the amount of personal data pertaining to that data subject that is necessary to ensure that no further processing of their personal data takes place.

In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).

Data Portability

Where data subjects have given their consent to the Company to process their personal data or the processing is otherwise required for the performance of a contract between the Company and the data subject, data subjects have the legal right under the Regulation to receive a copy of their personal data and to use it for other purposes (namely transmitting it to other data controllers, e.g. other organisations).

All requests for copies of personal data shall be complied with within one month of the data subject's request (this can be extended by up to two months in the case of complex requests in the case of complex or numerous requests, and in such cases the data subject shall be informed of the need for the extension).

Objections to Personal Data Processing

Data subjects have the right to object to the Company processing their personal data based on legitimate interests (including profiling), direct marketing (including profiling).

We will not process your personal data for direct marketing or profiling purposes.

Automated Decision-Making

We will only use personal data for the purposes of automated decision-making where the decision is necessary for the entry into, or performance of, a contract between the Company and the data subject or the decision is authorised by law; or the data subject has given their explicit consent.

Profiling

The Company does not use personal data for profiling purposes.

Personal Data

In order for us to carry out a service to you, the following personal data may be collected, held, and processed by the Company:

It will depend on the work we are instructed to undertake and it includes name, address, e- mail address, telephone numbers, fax number, dates of birth and passport number, and may also include national insurance number, bank details and information about the source of transactional funds, as well as additional personal data relevant to the matter.

Data Protection Measures

The Company has put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.

Organisational Measures

The Company ensures that strict protection measures are taken with respect to the collection, holding, and processing of personal data and these measures are regularly evaluated and reviewed;

Transferring Personal Data to a Country Outside the EEA

The Company will not transfer personal data to countries outside of the EEA unless the transfer of personal data to a country outside of the EEA shall take place

Data Breach Notification

  1. All personal data breaches must be reported immediately to the Company's data protection officer.
  2. If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the data protection officer must ensure that the Information Commissioner's Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.
  3. In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Part 25.2) to the rights and freedoms of data subjects, the data protection officer must ensure that all affected data subjects are informed of the breach directly and without undue delay.

Implementation of Policy

This Policy shall be deemed effective as of 24 th May 2018. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.

This Policy has been approved and authorised by:

Name: Debra Cooper
Position: Director
Date: 24 th May 2018
Due for Review by: 21 st May 2019