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All companies keep a lot of personal data, and this data retention is largely unstructured because of the various formats it comes in – paper records, Word documents, spreadsheets, databases, CRM, Outlook, Calendar etc.
The new data protection laws that will soon come into effect – the EU’s GDPR and the UK’s newly proposed Data Protection Bill (DPB) – will force all our businesses to be more structured in the way they capture, keep and delete this data. In order to stay within the rules and avoid sizeable fines, all our businesses will need to be clear and unambiguous about what we want to use personal data for, as well as how long we intend to hold on to it.
Fines and civil damages
The big risk to companies that hold on to data longer than required is both the fines the Information Commissioner’s Office could impose and the civil damages that people will be entitled to claim. We must therefore always be aware of the data we’re holding and purge it on a regular basis. Under the new laws, if you hold on to data for longer than the allotted timespan, or if data is lost, you will be breaking the law and could be subject to fines of up to £17m.
In addition to the fines, a new law under GDPR will give individuals the right to claim for material and non-material damages in the event of not just a data protection breach but also data that has been retained longer than necessary or for which there isn’t a “lawful basis” for holding the data. In the case of non-material damages, the claimant won’t even need to prove what the damage to them has been.
Complications
Under the new Data Protection Bill and GDPR, you will need to implement a robust, ongoing cycle of deletion, otherwise you may be breaking the law. But it will not be a simple process. For instance, there are legal requirements to hold on to certain HR or tax records for defined periods of time. If you hold on to them for longer, there has to be a good reason and you may have to get clear consent from the person concerned.
Some of the data could be hidden very deep. Just the mention of your name is classified as personal data, yet your name could have been mentioned thousands of times on company emails – is it going to be practical and possible to find and purge every single one of those references? Do we need to revisit email retention policies?
Over time, technology has developed and evolved different ways of capturing and storing data. Under the current Data Protection Act, the ICO acknowledges that it is impractical to remove some data from historical archives because it is a technical nightmare to extract data to the point of being impossible and allows exceptions provided the archives are placed “beyond reach”. But how rigorous will the new rules be in requiring us to find these instances?
We need to be prepared
There are only eight months to go before GDPR becomes law, and we need to take both GDPR and the new UK Data Protection Bill seriously. Honda and Flybe have already fallen foul of GDPR in trying to prepare themselves for the law changes – both companies have been fined by the ICO for breaking data protection rules with respect to marketing. In sending out emails trying to clarify marketing choices in preparation for GDPR, they seemed to be taking a fairly benign action, but because customers had not consented to receiving those emails, or on Honda’s case couldn’t prove they had consented, the ICO took a very firm view. And will continue to do so.
At Lumina Technologies, we are keen to ensure all companies are ready for the new data protection laws. Our MD Richard McBarnet will be holding regular Breakfast Briefings where he will explain what GDPR is and how it will affect your company. Attendance is free of charge and breakfast is included. The event is also CPD accredited, with 1 CPD hour. Click here for details and to sign up.
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Keidan Harrison LLP
Lumina have supported us so well through the difficult circumstances of 2020. They worked extremely hard to ensure we were able to work remotely and continue to operate our business successfully. The support team are very friendly and knowledgeable, and have excellent response times.
The team have also enhanced our cyber security which is so important in the legal sector, and they continue to provide high quality advice to help us move forward with our IT goals.
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Managing Partner, Adams & Remers LLP
The quality of IT Support provided by Lumina Technology is of the highest standard and is complemented by effective client liaison with impressive response times. Trap Oil Group plc has no hesitation in recommending Lumina as a dedicated and specialist group of IT professionals.
Martin David
Technical Director, Trap Oil Group plc
Richard and his team are a real inspiration to anyone who meets them and I have watched Lumina’s growth over the last few years with interest and admiration. Richard has been an amazing supporter of the Hospice of St Francis, being a Gold member of the Corporate Partner Network for almost two years. He takes an active interest in the community and is passionate about his company and his town: nothing is too much trouble, he is always willing to help, to give up his time and to provide business advice when asked. Lumina is an inspiration to any company wanting to set up business in Hertfordshire.
Carolyn Addison
Corporate Fundraising Manager, The Hospice of St Francis
Lumina Technologies Prism Hosted Desktop has allowed our business to centralise our global corporate data, allowing much faster access for all our staff – regardless of their location. We have also been able to simplify and reduce our infrastructure and management overhead. With the new Prism Hosted Desktop solution all staff now have simple and secure access to corporate data using any device they choose. Prism Hosted Desktop has increased the productivity of our staff and given us a single, consistent and familiar experience for all users from any device, in any location, 24/7.
Katherine Roe
Chief Executive Officer, Wentworth Resources PLC
The commercially sensitive and regulated nature of Lambert Energy Advisory’s business requires an IT provider able to maintain the highest levels of integrity and confidentiality, Lumina Technologies has consistently been unimpeachable in this regard over the nine years we have employed them.
Patrick Agar
Lambert Energy Advisory
It has been a great pleasure working with Lumina Technologies over the past two years. They have fully committed to being involved in the local community with volunteering and with professional advice and commitment, helping many local charities along the way. As a growing company it proves that being involved in the local community is helping them attract and retain a talented workforce and I look forward to working with them well into the future.
Cindy Withey
Connect Dacorum
Hawkstone Management Services Ltd is a small company for which IT Outsourcing is realistically the only viable option. Lumina Technologies have successfully performed this role for over fifteen years. They also provide innovative solutions to keep pace with technological progress. I would have no hesitation in recommending Lumina to similar sized businesses.
Stephen Pembury
Hawkstone Management Services Ltd
Charles Douglas Solicitors LLP have been using Lumina Technologies for a number of years now and continue to be impressed by the technical know-how and contemporary knowledge of their senior management, who provide a timely, efficient and friendly service. Whether it is a small issue with one computer, or a strategic IT decision, they maintain a current knowledge of available technologies. Lumina are always at the other end of the phone to help resolve issues and minimise business interference. The technical knowledge of Richard and his senior team means that there has not been a problem that they can’t solve to date. I am sure we will continue to use them in the years to come.
Charles Douglas
Managing Partner, Charles Douglas Solicitors LLP
The team at Lumina Technologies have made the Amoun Travel & Tours office IT transition seamless and problem free. The office set-up has been vastly improved and the IT Support services are flawless. No issue goes unresolved, which is extremely reassuring.
Adam Helmy
Amoun Travel & Tours Ltd
Lumina Technologies has been Salamander Energy plc’s IT provider since start-up in 2005 and has supported us in London during our expansion across operational offices in SE Asia. Their professional approach, strategic advice and close co-operation have been essential in making this a success.
John Bell
Group Technical Director, Salamander Energy plc
Richard and his team at Lumina have provided Perrett Laver Limited with high quality strategic and practical IT Services for over ten years. During this period, Perrett Laver has grown from 10+ colleagues based in London to nearly 100 colleagues located in six offices across the Americas, EMEA and Asia-Pacific. Richard and the Lumina team have not just been responsive to our ‘everyday’ IT needs, but have proactively sought to work with us on developing an infrastructure suitable for the type of operation we are today, and are planning to be months and years down the line. I would not hesitate to recommend Richard, especially for small to medium size business with growth in mind.
Clementine McKinley
COO, Perrett Laver Limited
Society Limited has been supported by Lumina Technologies since our earliest start-up phase. From large logistical challenges like an office move, through to smaller fiddly issues like fixing a faulty e-template, we know we can count on their support and advice. They’ve also been able to engage with us strategically on the challenge of scaling-up our infrastructure as the firm continues to grow and evolve. We always feel confident going to Lumina with a problem, since we know they genuinely care about sorting things out and helping us to get on with our core business.
Simon Lucas
Managing Director, Society Limited
The Vita Group HQ staff have worked with Richard McBarnet and Lumina Technologies for over 9 years, with Lumina providing all our PC, server, phone, and software support. The services have included C-level executives based in London, Manchester, the US, as well as supporting home office IT as well. The service provided and intellectual capabilities are outstanding and we would highly recommend Richard and his Lumina team.
Joe Menendez
CEO, The Vita Group
We worked with Lumina on a GDPR Audit. Richard was knowledgeable and professional throughout, and did the best he could to bring a dry topic to life through lots of real life examples and analogies. We were so impressed with the service Lumina provided and the value we got from partnering with them on this project – we couldn’t recommend them enough.
Holly Cottingham, Vintec Laboratories
