Bingham Motor Co. Ltd. T/A CC Leasing is authorised and regulated by the Financial Conduct Authority and registered with the Information Commissioner Office under number 669321
1. INTRODUCTION
This Data Protection Policy sets out how Bingham Motor Co. Ltd. handles the Personal Data of our customers, suppliers, employees, workers and other third parties.
It applies to all Personal Data we process regardless of how or where it is stored or whether it relates to past or present employees, workers, customers, clients or supplier contacts, shareholders, website users or any other living person.
The Policy applies to all Bingham Motor Co. Ltd. employees, contractors and agency staff. You must read, understand and comply with it when processing Personal Data on our behalf. You must also complete training on the subject. The Policy sets out what we expect from you for Bingham Motor Co. Ltd. to be able to comply with data protection laws. Your compliance with this Data Protection Policy is mandatory. Any breach of this Policy may result in disciplinary action, leading to gross misconduct and instant dismissal.
This Policy (together with any supporting information) is an internal document and cannot be shared with third parties, clients or regulators without prior authorisation from the Bingham Motor Co. Ltd. Data Protection Officer.
2. LEGISLATIVE TERMS:
This policy was drafted to allow us to comply with the requirements of the GDPR and UK Data Protection Act 2018, which received Royal Assent and commenced on 25th May 2018. As the DPA 2018 is broadly similar to the GDPR, the following legislative terms apply:
Automated Decision-Making (ADM): when a decision is made which is based solely on Automated Processing (including profiling) which produces legal effects or significantly affects an individual. The GDPR prohibits Automated Decision-Making (unless certain conditions are met) but not Automated Processing.
Automated Processing: any form of automated processing of Personal Data involving the use of Personal Data to evaluate certain personal aspects of that individual, in particular to analyse or predict aspects concerning that individual’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. Profiling is an example of Automated Processing.
Consent: agreement which must be freely given, specific, informed and be an unambiguous indication of the Data Subject’s wishes. Consent cannot be assumed so pre-ticked boxes are no longer allowed.
Data Controller: the person or organisation that determines when, why and how to process Personal Data.
Data Processor: a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Data Subject: a living, identified or identifiable individual about whom we hold Personal Data.
Data Privacy Impact Assessment (DPIA): tools and assessments used to identify and reduce the risks involved with a data processing activity. DPIAs can be carried out as part of Privacy by Design and should be conducted for all major system or business change programs involving the processing of Personal Data.
Data Protection Officer (DPO): the person required to be appointed in specific circumstances under the GDPR. Where a mandatory DPO has not been appointed, this term means a data protection manager or other voluntary appointment of a DPO or refers to the Bingham Motor Co. Ltd.’s data privacy manager with responsibility for data protection compliance.
EEA: the 28 countries in the EU, and Iceland, Liechtenstein and Norway.
Explicit Consent: consent which requires a very clear and specific statement (that is, not just action).
General Data Protection Regulation (GDPR): The General Data Protection Regulation ((EU) 2016/679).
Personal Data: any information identifying a Data Subject or information relating to a Data Subject that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. Personal Data includes Special Categories of Personal Data and Pseudonymised Personal Data but excludes anonymous data or data that has had the identity of an individual permanently removed. Personal Data can be factual (for example, a name, email address, location or date of birth) or an opinion about that person’s actions or behaviour.
Personal Data Breach: any act or omission that compromises the security, confidentiality, integrity or availability of Personal Data. A data controller such as us, is also responsible where a third-party processor suffers a Data Breach during the course of processing on our behalf. The loss, deletion, unauthorised access, or unauthorised disclosure of Personal Data are examples of a Personal Data Breach.
Privacy by Design: implementing appropriate technical and organisational measures in an effective manner to ensure compliance with the GDPR.
Privacy Notices (also referred to as Fair Processing Notices) or Privacy Policies: separate notices setting out information to Data Subjects when Bingham Motor Co. Ltd. collects information about them. These notices may take the form of general privacy statements applicable to a specific group of individuals (for example, employee privacy notices or the website privacy policy) or they may be stand-alone, one-time privacy statements covering processing related to a specific purpose.
Processing or Process: any activity that involves the use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring Personal Data to third parties.
Pseudonymisation or Pseudonymised: replacing information that directly or indirectly identifies an individual with one or more artificial identifiers or pseudonyms so that the person cannot be identified without the use of additional information which is meant to be kept separately and securely.
Special Categories of Personal Data: information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data, and Personal Data relating to criminal offences and convictions.
3. SCOPE
Correct collection and handling of Personal Data maintains confidence in Bingham Motor Co. Ltd. and will help ensure its success. Protecting the confidentiality and integrity of Personal Data is a critical responsibility that we take seriously at all times. The company is exposed to potential fines of up to EUR20 million (approximately £18 million) or 4% of global annual turnover, whichever is the greater and depending on the breach, for failure to comply with the provisions of the GDPR and up to EUR10 million (approximately £9 million) or 2% of global annual turnover, whichever is the higher for administrative breaches.
The DPO is responsible for overseeing this Policy and developing any related policies and guidelines that are needed. The DPO post is held by Jeni Ambrose, Managing Director (Bingham Motor Co. Ltd.).
Please contact the DPO with any questions about the operation of this Data Protection Policy, or the GDPR in general, or if you have any concerns that this Policy is not being or has not been followed. In particular, you must always contact the DPO in the following circumstances:
(a) if you are unsure of the lawful basis which you are relying on to process Personal Data (including the legitimate interests used by Bingham Motor Co. Ltd.);
(b) if you do not believe that you can process data under our elected legal basis of legitimate interest, and instead wish to rely on consent and/or need to capture explicit consent;
(c) if you need to draft privacy notices or fair processing notices;
(d) if you are unsure about the retention period for the Personal Data being processed;
(e) if you are unsure about what security or other measures you need to implement to protect Personal Data;
(f) if there has been a Personal Data Breach;
(g) if you are unsure on what basis to transfer Personal Data outside the EEA;
(h) if you need any assistance dealing with any rights invoked by a Data Subject;
(i) whenever you are engaging in a significant new, or change in, processing activity which is likely to require a DPIA or plan to use Personal Data for purposes others than what it was collected for;
(j) If you plan to undertake any activities involving automated processing including profiling or automated decision-making;
(k) If you need help complying with applicable law when carrying out direct marketing activities; or
(l) if you need help with any contracts or other areas in relation to sharing Personal Data with third parties (including our vendors);
4. PERSONAL DATA PROTECTION PRINCIPLES
The GDPR lays down the following principles which have to be followed when processing. Personal Data must be:
(a) Processed lawfully, fairly and in a transparent manner (Lawfulness, Fairness and Transparency – See Section 6.1).
(b) Collected only for specified, explicit and legitimate purposes (Purpose Limitation – See Section 6.2).
(c) Adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed (Data Minimisation – See Section 6.3).
(d) Accurate and where necessary kept up to date (Accuracy – See Section 6.4).
(e) Not kept in a form which permits identification of Data Subjects for longer than is necessary for the purposes for which the data is Processed (Storage Limitation – See Section 6.5).
(f) Processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful Processing and against accidental loss, destruction or damage (Security, Integrity and Confidentiality – See Section 8).
(g) Not transferred to another country without appropriate safeguards being in place (Transfer Limitation – See Section 9).
(h) Made available to Data Subjects and Data Subjects allowed to exercise certain rights in relation to their Personal Data (Data Subject’s Rights and Requests – See Section 5).
We are all responsible for and must be able to demonstrate compliance with the data protection principles listed above (Accountability).
5. DATA SUBJECT’S RIGHTS AND REQUESTS
Data Subjects have rights when it comes to how we handle their Personal Data. These include rights to:
(a) withdraw Consent to Processing at any time;
(b) receive certain information about the Data Controller’s Processing activities;
(c) request access to their Personal Data that we hold;
(d) prevent our use of their Personal Data for direct marketing purposes;
(e) ask us to erase Personal Data if it is no longer necessary in relation to the purposes for which it was collected or Processed or to rectify inaccurate data or to complete incomplete data;
(f) restrict Processing in specific circumstances;
(g) challenge Processing which has been justified on the basis of our legitimate interests or in the public interest;
(h) request a copy of an agreement under which Personal Data is transferred outside of the EEA;
(i) object to decisions based solely on Automated Processing, including profiling (ADM);
(j) prevent Processing that is likely to cause damage or distress to the Data Subject or anyone else;
(k) be notified of a Personal Data Breach which is likely to result in high risk to their rights and freedoms;
(l) make a complaint to the supervisory authority; and
(m) in limited circumstances, receive or ask for their Personal Data to be transferred to a third party in a structured, commonly used and machine-readable format.
You must verify the identity of an individual requesting data under any of the rights listed above (do not allow third parties to persuade you into disclosing Personal Data without proper authorisation).
You must immediately forward any Data Subject request you receive to the DPO and comply with our Data Subject Access Request response process.
6. DATA PROTECTION PRICNIPLES EXPLAINED
In this section is a further, more detailed explanation of the principles above.
6.1 LAWFULNESS, FAIRNESS AND TRANSPARENCY
You may only collect, process and share Personal Data fairly and lawfully and for (transparent) specified purposes. The ‘legal bases’ that allow processing are:
(a) the individual has given his or her consent;
(b) the processing is necessary for the performance of a contract with the individual;
(c) to meet our legal and compliance obligations.;
(d) to protect the individual’s vital interests;
(e) to serve or protect the public interests; or
(f) to pursue our legitimate interests for purposes where they are not overridden because the processing prejudices the interests or fundamental rights and freedoms of the individual. The purposes for which we process Personal Data for legitimate interests need to be set out in a privacy notices on the websites.
You need to know which legal ground you are relying on for each processing activity, because this information will need to be contained in our fair processing notices that we send to customers.
The GDPR requires Data Controllers to provide detailed, specific information to Data Subjects depending on whether the information was collected directly from Data Subjects or from elsewhere. Such information must be provided through appropriate privacy notices or fair processing notices which must be concise, transparent, intelligible, easily accessible, and in clear and plain language so that a Data Subject can easily understand them.
Whenever we collect Personal Data directly from individuals, including for HR or employment purposes, we must provide that individual with all the information required by the GDPR, including the identity of the Data Controller (Jeni Ambrose) and of the DPO, how and why we will use, process, disclose, protect and retain that Personal Data through a privacy notice, which must be presented when the Data Subject first provides the Personal Data.
When Personal Data is collected indirectly (for example, from a third party or publicly available source), you must provide the Data Subject with all the information required by the GDPR as soon as possible after collecting/receiving the data. You must also check that the Personal Data was collected by the third party in accordance with the GDPR and on a basis which contemplates our proposed use of that data.
6.2. PURPOSE LIMITATION
Personal Data must be collected only for specified, explicit and legitimate purposes. It must not be processed in any way that is beyond those purposes.
You cannot use Personal Data for new, different or incompatible purposes from that which was explained to the individual when you first collect information from them unless you have their informed and specific consent, or unless legal or regulatory changes mean you must use the information in a different way.
The six basis under which data can be lawfully processed are explained in Section 6.1, Bingham Motor Co. Ltd. will process data primarily under the basis of our legitimate interest. However, on occasion we may also process data under vital interest, public interest or under compulsion of law.
6.3. DATA MINIMISATION
Personal Data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed.
You may only process Personal Data when performing your job means you have to. You cannot Process Personal Data for any reason unrelated to your job [work] duties.
You may only collect Personal Data that you need for your job: do not collect excessive data.
You must ensure that when Personal Data is no longer needed for specified purposes, it is deleted or anonymised in accordance with Bingham Motor Co. Ltd.’s data retention guidelines. If in doubt, consult your line manager before deleting or anonymising any data.
6.4. ACCURACY
Personal Data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate.
You must make sure that the Personal Data we use and hold is accurate, complete, kept up to date and relevant to the purpose for which we collected it. You must check the accuracy of any Personal Data at the point of collection and at regular intervals afterwards. You must take all reasonable steps to destroy or amend inaccurate or out-of-date Personal Data.
6.5. STORAGE LIMITATION
Personal Data must not be kept in an identifiable form for longer than is necessary for the purposes for which the data is processed.
You must not keep Personal Data in a form which permits the identification of the Data Subject for longer than needed. However, there are also legal, accounting and reporting requirements that may mean the data needs to be kept even after the employee has left, or the customer’s advice process is complete. You must always follow Bingham Motor Co. Ltd.’s policies and guidelines on data retention.
Individuals will be kept informed of the period for which their data is stored and how that period is determined in the Privacy Notice.
6.5.1 DATA RETENTION
At Bingham Motor Co. Ltd., data will be retained for as long as is necessary to serve the purpose for which it was collected for. However, as a business we do have to comply with a number of additional, and often conflicting regulations relating to data retention (i.e. Money Laundering Regulations and Statute of Limitations), and at times these will prevail.
7. CONSENT
A Data Controller (i.e. Nicki Byrne) must only process Personal Data on the basis of one or more of the lawful basis set out in the GDPR, which include consent.
Where consent is used as the legal basis for processing data, then it has to be clear and specific and cannot be assumed.
Individuals can withdraw consent at any time. Consent may need to be refreshed if you intend to process Personal Data for a different and separate purpose which was not disclosed when the individual first consented.
Unless we can rely on another legal basis for processing, explicit consent is usually required for processing Special Categories of Personal Data, for Automated Decision-Making and for cross border data transfers. Where possible, we will be relying on another legal basis (and not require explicit consent) to process most types of sensitive data. Where explicit consent is required (for example, when asking a customer to provide health information), you must issue a fair processing notice to them to gain this explicit consent.
Keep all records of consents so that we can demonstrate compliance with the requirements. Providing a copy of a spreadsheet stating consent was gained is not enough. The actual forms, emails, etc must be retained.
8. SECURITY INTEGRITY AND CONFIDENTIALITY
8.1 PROTECTING PERSONAL DATA
Personal Data must be secured by appropriate technical and organisational measures against unauthorised or unlawful processing, and against accidental loss, destruction or damage.
We will develop, implement and maintain safeguards appropriate to our group of companies (including use of encryption and pseudonymisation where applicable). We will regularly review and test the effectiveness of those safeguards to ensure security of the Personal Data we hold. You have a role in this and must use reasonable and appropriate security measures to guard Personal Data. By its nature, Sensitive Personal Data is particularly damaging if lost or stolen.
You must follow all procedures and technologies we put in place to maintain the security of all Personal Data from the point of collection to the point of destruction.
You may only transfer Personal Data to a third-party service provider where authorised by a director and where an appropriate processing contract is in place with that third party. This will ensure that it agrees to comply with the required policies and procedures and that it agrees to put adequate measures in place, as requested.
You must maintain data security by protecting the confidentiality, integrity and availability of the Personal Data, defined as follows:
(a) Confidentiality means that only people who have a need to know and are authorised to use the Personal Data can access it.
(b) Integrity means that Personal Data is accurate and suitable for the purpose for which it is processed.
(c) Availability means that authorised users are able to access the Personal Data when they need it for authorised purposes.
You must comply with our Information Security requirements and must not attempt to circumvent the administrative, physical and technical safeguards we implement and maintain in accordance with the GDPR and relevant standards to protect Personal Data.
Such standards include, but are not limited to:
- Use of system based passwords and encryption mechanisms,
- Not sharing passwords with anyone,
- Regularly changing your password, especially if prompted to do so by our IT management company,
- Disposing of all personal data via appropriate (confidential waste disposal) means,
- Not allowing any unauthorised access to the building or your compute/work based device,
- Adhering to any internal document classification attached to a document
- Reporting to the Data Protection Officer, immediately that you suspect a breach has occurred,
- Reporting to the Data Protection Officer, immediately that you suspect that a breach may occur, or that a data security control is failing,
- Reporting to the Data Protection Officer, immediately if you are approached and offered any form of incentive, financial or otherwise to release customer data,
- Ensuring that you operate a clear desk policy and that no data is left on your desk when you are not present,
- Ensuring that any data that should be kept in a locked cupboard is kept in this manner.
Any attempts to circumvent our controls will be considered an act of gross misconduct and will result in instant dismissal and could possibly lead to charges of a criminal offence.
9. TRANSFER LIMITATION
The GDPR restricts data transfers to countries outside the EEA in order to ensure that the level of data protection afforded to individuals by the GDPR is not undermined. You transfer Personal Data originating in one country across borders when you transmit, send, view or access that data in or to a different country.
You may only transfer Personal Data outside the EEA if one of the following conditions applies:
(a) the European Commission has issued a decision confirming that the country to which we transfer the Personal Data ensures an adequate level of protection for the Data Subjects’ rights and freedoms;
(b) appropriate safeguards are in place such as binding corporate rules (BCR), standard contractual clauses approved by the European Commission, an approved code of conduct or a certification mechanism, a copy of which can be obtained from the DPO;
(c) the Data Subject has provided Explicit Consent to the proposed transfer after being informed of any potential risks; or
(d) the transfer is necessary for one of the other reasons set out in the GDPR including the performance of a contract between us and the Data Subject, reasons of public interest, to establish, exercise or defend legal claims or to protect the vital interests of the Data Subject where the Data Subject is physically or legally incapable of giving Consent and, in some limited cases, for our legitimate interest.
10. ACCOUNTABILITY
A Data Controller or processor, must implement appropriate technical and organisational measures in an effective manner, to ensure compliance with data protection principles. The Data Controller or processor is responsible for, and must be able to demonstrate, compliance with the data protection principles.
Jeni Ambrose acts in the capacity of both a data controller and data processor;
Controller – Processing our employee data
Controller – Processing our vendor/supplier/agency/contract/temporary staff data
Controller – Processing direct customer data (previously partner introduced customers)
Processor – Processing customer data that is provided to us by our introducing partners (the data controller)
As a data controller we have an obligation to ensure that we have operational procedures in place to meet all of our obligations under this policy and the GDPR.
As a data processor, we must ensure that our instructing partners, the data controller, is satisfied that we have sufficient operational procedures in place to, at the minimum, comply with the requirements of their data protection policy, and the GDPR.
In all circumstances, we must keep data secure, only use it for the purpose for which it was intended, not pass it to any unauthorised party and be able to act on any of the data subject’s rights should they be enacted, either directly to us, or via our partners as a data controller.
As we act as both, we must have adequate resources and controls in place to ensure and to document GDPR compliance including:
(a) appointing a suitably qualified DPO (where necessary) and an executive accountable for data privacy;
(b) implementing Privacy by Design when Processing Personal Data and completing DPIAs where Processing presents a high risk to rights and freedoms of Data Subjects;
(c) integrating data protection into internal documents including this Data Protection Policy, any related policies, Privacy Policies or Fair Processing Notices;
(d) regularly training Bingham Motor Co. Ltd.’s staff on the GDPR, this Data Protection Policy, any related policies and Privacy Policies and data protection matters including, for example, Data Subject’s rights, Consent, legal basis, DPIAs and Personal Data Breaches. The Company must maintain a record of training attendance by Bingham Motor Co. Ltd. staff; and
(e) regularly testing the privacy measures implemented and conducting periodic reviews and audits to assess compliance, including using results of testing to demonstrate compliance improvement effort.
11. RECORD KEEPING
The GDPR requires us to keep full and accurate records of all our data Processing activities.
You must keep and maintain accurate corporate records reflecting our Processing including records of Data Subjects’ Consents and procedures for obtaining Consents in accordance with the Company’s record keeping guidelines.
These records should include, at a minimum, the name and contact details of the Data Controller and the DPO, clear descriptions of the Personal Data types, Data Subject types, Processing activities, Processing purposes, and our confirmation and assurance that the data will not be passed to any third-party recipients.
We also need to record Personal Data storage locations, Personal Data transfers, the Personal Data’s retention period and a description of the security measures in place. In order to create such records, data maps should be created which should include the detail set out above together with appropriate data flows. These data maps should be retained by the DPO.
12. TRAINING AND AUDIT
We are required to ensure all Bingham Motor Co. Ltd. staff have undergone adequate training to enable them to comply with the requirements of GDPR. We must also regularly test our systems and processes to assess their ongoing adequacy and compliance to them of staff and the company as a whole.
You must undergo all mandatory data protection related training, and if you are a manager, ensure your team undergo similar mandatory training.
You must regularly review all the systems and processes under your control, or that you use, to ensure they comply with this Data Protection Policy and check that adequate governance controls and resources are in place to ensure proper use and protection of Personal Data.
13. PRIVACY BY DESIGN AND DATA PROTECTION IMPACT ASSESSMENT (DPIA)
We are required to implement Privacy by Design measures when Processing Personal Data by implementing appropriate technical and organisational measures (like Pseudonymisation) in an effective manner, to ensure compliance with data privacy principles.
You must assess what Privacy by Design measures can be implemented on all programs/systems/processes that Process Personal Data by taking into account the following:
(a) the state of the art;
(b) the cost of implementation;
(c) the nature, scope, context and purposes of Processing; and
(d) the risks of varying likelihood and severity for rights and freedoms of Data Subjects posed by the Processing.
Data controllers must also conduct DPIAs in respect to high risk Processing.
You should conduct a DPIA (and discuss your findings with the DPO) when implementing major system or business change programs involving the Processing of Personal Data including:
(e) use of new technologies (programs, systems or processes), or changing technologies (programs, systems or processes);
(f) Automated Processing including profiling and ADM;
(g) large scale Processing of Sensitive Data; and
(h) large scale, systematic monitoring of a publicly accessible area.
A DPIA must include:
(i) a description of the Processing, its purposes and the Data Controller’s legitimate interests if appropriate;
(j) an assessment of the necessity and proportionality of the Processing in relation to its purpose;
(k) an assessment of the risk to individuals; and
(l) the risk mitigation measures in place and demonstration of compliance.
14. AUTOMATED PROCESSING (INCLUDING PROFILING) AND AUTOMATED DECISION-MAKING
Generally, ADM is prohibited when a decision has a legal or similar significant effect on an individual unless:
(a) a Data Subject has Explicitly Consented;
(b) the Processing is authorised by law; or
(c) the Processing is necessary for the performance of or entering into a contract.
If certain types of Special Category Data are being processed, then grounds (b) or (c) will not be allowed but such data can be Processed where it is necessary (unless less intrusive means can be used) for substantial public interest like fraud prevention.
If a decision is to be based solely on Automated Processing (including profiling), then Data Subjects must be informed when you first communicate with them of their right to object. This right must be explicitly brought to their attention and presented clearly and separately from other information. Further, suitable measures must be put in place to safeguard the Data Subject’s rights and freedoms and legitimate interests.
We must also inform the Data Subject of the logic involved in the decision making or profiling, the significance and envisaged consequences and give the Data Subject the right to request human intervention, express their point of view or challenge the decision.
A DPIA must be carried out before any Automated Processing (including profiling) or ADM activities are undertaken.
15. DIRECT MARKETING
Whilst Bingham Motor Co. Ltd. primarily markets only to corporate entities, existing and potential business partners, we do also conduct a limited amount of business directly with end user customers.
We are subject to certain rules and privacy laws when marketing to our customers.
For example, a Data Subject’s prior consent is required for electronic direct marketing (for example, by email, text or automated calls). This consent must be explicit and require an action on the part of the data subject to provide it, i.e. we cannot use assumed consent or pre-populated tick boxes that requires the data subject to opt out, they must opt in. The limited exception for existing customers known as “soft opt in” allows organisations to send marketing texts or emails if they have obtained contact details in the course of a sale to that person, they are marketing similar products or services, and they gave the person an opportunity to opt out of marketing when first collecting the details and in every subsequent message.
The right to object to direct marketing must be explicitly offered to the Data Subject in an intelligible manner so that it is clearly distinguishable from other information.
A Data Subject’s objection to direct marketing must be promptly honoured. If a customer opts out at any time, their details should be suppressed as soon as possible. Suppression involves retaining just enough information to ensure that marketing preferences are respected in the future.
16. SHARING PERSONAL DATA
Generally, we are not allowed to share Personal Data with third parties unless certain safeguards and contractual arrangements have been put in place.
You may only share the Personal Data we hold with another employee, agent or representative of our company (which includes our subsidiaries and our ultimate holding company along with its subsidiaries) if the recipient has a job-related need to know the information and the transfer complies with any applicable cross-border transfer restrictions.
You may only share the Personal Data we hold with third parties, such as our service providers if:
(a) they have a need to know the information for the purposes of providing the contracted services;
(b) sharing the Personal Data complies with the Privacy Notice provided to the Data Subject and, if required, the Data Subject’s Consent has been obtained;
(c) the third party has agreed to comply with the required data security standards, policies and procedures and put adequate security measures in place, which are at least equal to ours;
(d) the transfer complies with any applicable cross border transfer restrictions; and
(e) a fully executed written contract that contains GDPR approved third party clauses has been obtained.
17. REPORTING A PERSONAL DATA BREACH
The GDPR requires Data Controllers to notify any Personal Data Breach to the applicable regulator (generally this will be the Information Commissioner’s Office - ICO) and, in certain instances, the Data Subject.
It is vitally important that you report any Personal Data Breach as soon as you become aware of it as the ICO only allows 72 hours to do this. For example, a breach occurring at 10am on a Friday has to be reported before10am on the Monday.
We have put in place procedures to deal with any suspected Personal Data Breach and will notify Data Subjects or any applicable regulator where we are legally required to do so.
If you know or suspect that a Personal Data Breach has occurred, do not attempt to investigate the matter yourself. Immediately contact your Line Manager or the DPO. You should preserve all evidence relating to the potential Personal Data Breach.
18. CHANGES TO THIS DATA PROTECTION POLICY
We reserve the right to change this Data Protection Policy at any time without notice to you so please check back regularly to obtain the latest copy of this Data Protection Policy. We last revised this Data Protection Policy on [DATE] [and made the following changes: [DETAILS OF CHANGES].This Data Protection Policy does not override any applicable national data privacy laws and regulations in countries where the Company operates.
