Intellectual Property Lawyers and Solicitors

9 May 2008
 
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Privacy and Data Protection

Non compliance with data protection laws could lead to criminal consequences. It could also be damaging to your company’s public relations profile.

Virtually every business will need to register with the Information Commissioner as they will handle personal information, such as names and addresses, about individuals.

Automatic collection of personal data on the internet or performed by software may be unfair processing of personal data.

Data Protection Registration

The Data Protection legislation places an obligation on organisations to notify the purposes for which personal information is being processed (that is to register the reasons for collecting information), and to provide individuals with certain rights in respect of the processing of the information about them. Failure to register could have serious repercussions. Our business start up packages include registering your business.

Marketing

The Privacy and Electronic Communications Regulations have extended controls on unsolicited direct marketing to all forms of electronic marketing. Therefore potential customers should consent - or at least, not object - to being approached electronically or by telephone.

Telephone marketing, whether to individuals or businesses, is legal except where implied consent has been withdrawn by potential customers opting out. Where they have opted out, or registered their names with the Telephone Preference Service (TPS), telephone marketing is normally illegal (except where they request the information).

Information held by public bodies

The Freedom of Information Act 2000 came into force in 2005, and gives you the right to access information held by or on behalf of public authorities. Its use should be considered by companies who do business with the public sector, particularly those involved in tendering for work. As the Act only came into force relatively recently, it remains to be seen whether it has any real teeth.

We can provide advice on these and other legal issues. One service that is of particular relevance to many businesses is an audit for data compliance under the Data Protection Act. For a fixed price quote for us to do this work for you please contact us.