The GDPR is coming – guidance to date

There has been much in the press lately relating to the General Data Protection Regulation (GDPR) which is due to be implemented on 25 May 2018. There will be hefty fines for failing to comply with the GDPR.

The Information Commissioner’s Office (ICO) has always published guidance to assist in the interpretation and application of the Data Protection Act, and it is committed to helping organisations prepare for the GDPR. One of the ways it is doing this is by publishing practical guidance or signposting guidance produced by other bodies.

The ICO has set up a data protection reform page on its website. We will try to keep you updated as to new developments but businesses would be wise to check the ICO website from time-to-time for guidance and updates as the implementation day approaches.

The principal ICO guidance published so far is as follows:

• GDPR: 12 steps to take now – a checklist for organisations with the key issues they need to address.

• General overview of the GDPR – an overview of the key topics in the GDPR, aimed at those responsible for data protection on a day-to-day basis.

• The revised codes of practice on privacy notices – which refer to relevant GDPR provisions.

• GDPR messages for the boardroom – a video in which Elizabeth Denham, Information Commissioner, discusses the coming regulation.

The ICO considers that it is now moving from ‘Phase 1 (Familiarisation and key building blocks)’ to ‘Phase 2 (Guidance structure and mapping, process review and initial development of tools)’, so we can expect a greater amount of guidance to be published over the next few months.

In particular, the ICO is due to publish guidance on contracts and liability and consent later this year. This guidance will be key in assisting companies to review their current contracts in light of the GDPR and the various consents that will be required under the new regime.

We will keep you informed of developments, but if you have any questions in the meantime, please contact anyone in the team.

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