ICO & Data Protection Breaches
24 hour bespoke service offering advice and assistance.
Why Taylor Law?
Protecting data and complying with regulations can be daunting for a business. Failing to adhere to the rules may result in substantial fines and enforcement action.
Data protection is a complex area and it is easy to inadvertently breach the range of legislation that exists.
Practical and comprehensive data protection advice
If you are notified of an investigation into your data handling, it is advisable to seek legal representation as soon as possible. At Taylor Law, our team understands how important it is to keep your business running smoothly and we will provide sound practical advice in respect of any alleged breach of the rules.
We can represent you through an investigation and work to challenge any adverse findings. Where possible we will liaise and negotiate with investigators to reach an early resolution of any issues. In the event that you are charged with an offence, we will provide a robust defence.
Some of our team members have rights of advocacy in higher courts, meaning they can represent you directly without the need for a barrister. They have extensive experience across a range of sectors and an in-depth understanding of the complexities of data protection law.
We can also advise you if you have had a data breach. There are strict rules in place for reporting and handling a breach and failing to adhere to these will make the situation more difficult. It could also result in substantial penalties and the loss of the right to hold data in the future.
Data protection rules
A range of legislation exists to protect data that is held by organisations. The rules are mainly contained within the UK General Data Protection Regulation and the Data Protection Act 2018.
Businesses must follow the data protection principles set out in the legislation and also be able to demonstrate compliance when asked to do so, both to the Information Commissioner’s Office (ICO) and to the members of the public whose data you hold.
As well as keeping data safe, there are strict rules governing the way you should handle any breach of data or request for information.
We can advise you in respect of your data handling to ensure that you are compliant with the law and that you have the correct procedures in place for handling data, for keeping data secure and for correctly reporting issues to the ICO.
Penalties for breach of data protection rules
The ICO has the power to impose exceptionally large fines in respect of the breach of data protection law as well as the right to issue enforcement notices restricting data use.
There are two tiers of penalty, with the maximum payable in the standard tier £8.7 million or 2% of annual turnover, whichever is higher. In the higher tier, the maximum payable is £17.5 million or 4% of annual turnover, whichever is higher.
Audit and information notices may also be issued, with a view to investigating any possible legal infringement.
Our data protection legal services
If your business is being investigated by the ICO, we will advise and guide you through the process, ensuring that your rights are upheld and that the organisation does not exceed its authority.
In the event that you are required to provide information under a search order, information notice or assessment notice, we will ensure that only the requested information is provided and that we have details of exactly what has been copied so that we have a good understanding of the direction of the investigation.
If the ICO is considering criminal proceedings against you or your organisation, we will provide a robust defence, to include attending interviews under caution with you and representing you in court proceedings.
We can also represent you in respect of civil proceedings brought by a member of the public in respect of an alleged breach of their data protection rights.
If your business identifies a data breach, we can advise you in respect of the correct notification procedure and manage the process to ensure that all obligations are complied with.
Dealing with data protection matters is often complex and a breach can have far-reaching consequences for both the operation of your business and your reputation. We can intervene early on your behalf to minimise the damage caused and guide you through any investigation process.
We have an excellent track record of success in working with clients in respect of data protection investigations and litigation, with expert civil and criminal defence solicitors in Leeds, Middlesbrough and London who can step in immediately to advise and represent you.
For an initial discussion, ring us on 0113 532 8100 (Leeds), 01642 221 108 (Middlesbrough) or 0203 780 7646 (London) or fill in our Contact Form.
“Scott is the consummate professional, honest and trustworthy with all the right contacts. Successfully represented me in my Employment proceedings, can’t fault the man, he’s a credit to himself and the legal fraternity.”