Information, its collection, processing; and exploitation plays a significant part in all spheres of modern life:
- for individuals, it may be important to understand who is collecting, storing and using your information and for what purposes.
- for businesses, it is key that they hold and allow others to use personal information in accordance with the law.
- for public authorities, not only is data protection an issue but also often they will be subject to the rigours of freedom of information legislation.
What our commercial lawyers do
We help individuals, businesses and public authorities understand their rights and/or responsibilities under UK (and EU) information laws.
We can help individuals frame a request for information in a manner most likely to elicit the desired response, regardless of whether it is a data subject access or request for information held by a public body.
We work with data controllers (usually businesses and public authorities) to help them respond to subject access requests in the appropriate manner and within the requisite timescales. We can undertake data protection audits and advise on information security and governance.
Some of clients undertake data processing functions for their own clients (for example, payroll or data cleansing services) and we often help them with minimising their risk under current data protection laws.
Our commercial lawyers can assist businesses in making information requests to public authorities so that they may learn about competitors or spot potential opportunities.
DMH Stallard’s commercial team can also support public authorities in determining which information may be subject to an exemption, and, therefore, which information does not need to be disclosed as part of an information request.
We train “in-house” teams and produce guidance materials for them so they better understand their role and duties within their employer’s organisation.
Other than the above, we also advise on:
- Confidentiality / non-disclosure agreements
- Data sharing and data processing agreements
- Use of Social Media within and without the workplace
- Sale and licensing of databases
- Transferring data outside the EEA (including within the context of the cloud and in light of the rules relating to the US Safe Harbour regime)
How our commercial lawyers work
We stay abreast of developments in the fast moving area of law and on the latest technologies, enabling us to offer pragmatic, sensible and business orientated advice. This understanding means our commercial lawyers are able to anticipate and resolve the legal issues raised in relation to information laws.
Members of the team regularly contribute to publications and deliver seminars relating to the use/misuse of data, and data protection issues. Click here to listen to a webinar with Commercial Partner Anthony Lee, speaking about privacy and the GDPR and legal issues this raises for businesses.
Read more about our wider commercial law services.