This Policy sets out the obligations of Chhokar & Co Solicitors, a company registered in <> under number <>, whose registered office is at <> (“the Company”) regarding data protection and the rights of <> (“data subjects”) in respect of their personal data under Data Protection Law. “Data Protection Law” means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the UK GDPR, the Data Protection Act 2018 (and regulations made thereunder), and the Privacy and Electronic Communications Regulations 2003 as amended, and any successor legislation.
This Policy sets out the Company’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data. The procedures and principles set out herein must be followed at all times by the Company, its employees, agents, contractors, or other parties working on behalf of the Company.
3.1 The Company is committed not only to the letter of the law, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.
3.2 The Company’s Data Protection Officer is <<insert name of data protection officer>>, <<insert contact details>>. The Data Protection Officer is responsible for administering this Policy and for developing and implementing any applicable related policies, procedures, and/or guidelines.
3.3 All <<insert applicable positions, e.g. managers, department heads, supervisors etc.>> are responsible for ensuring that all employees, agents, contractors, or other parties working on behalf of the Company comply with this Policy and, where applicable, must implement such practices, processes, controls, and training as are reasonably necessary to ensure such compliance.
3.4 Any questions relating to this Policy or to Data Protection Law should be referred to the Data Protection Officer. In particular, the Data Protection Officer should always be consulted in the following cases:
This Policy aims to ensure compliance with Data Protection Law. The UK GDPR sets out the following principles with which any party handling personal data must comply. Data controllers are responsible for, and must be able to demonstrate, such compliance. All personal data must be:
4.1 processed lawfully, fairly, and in a transparent manner in relation to the data subject;
4.2 collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes. Further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
4.3 adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed;
4.4 accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased, or rectified without delay;
4.5 kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. Personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to implementation of the appropriate technical and organisational measures required by the UK GDPR in order to safeguard the rights and freedoms of the data subject;
4.6 processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organisational measures.
The UK GDPR sets out the following key rights applicable to data subjects:
5.1 The right to be informed;
5.2 the right of access;
5.3 the right to rectification;
5.4 the right to erasure (also known as the ‘right to be forgotten’);
5.5 the right to restrict processing;
5.6 the right to data portability;
5.7 the right to object; and
5.8 rights with respect to automated decision-making and profiling.
6.1 Data Protection Law seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. Specifically, the processing of personal data shall be lawful if at least one of the following applies:
6.2 [If the personal data in question is special category personal data (also known as “sensitive personal data”), at least one of the following conditions must be met:
If consent is relied upon as the lawful basis for collecting, holding, and/or processing personal data, the following shall apply:
7.1 Consent is a clear indication by the data subject that they agree to the processing of their personal data. Such a clear indication may take the form of a statement or a positive action. Silence, pre-ticked boxes, or inactivity are unlikely to amount to consent.
7.2 Where consent is given in a document which includes other matters, the section dealing with consent must be kept clearly separate from such other matters.
7.3 Data subjects are free to withdraw consent at any time and it must be made easy for them to do so. If a data subject withdraws consent, their request must be honoured promptly.
7.4 If personal data is to be processed for a different purpose that is incompatible with the purpose or purposes for which that personal data was originally collected that was not disclosed to the data subject when they first provided their consent, consent to the new purpose or purposes may need to be obtained from the data subject.
7.5 [If special category personal data is processed, the Company shall normally rely on a lawful basis other than explicit consent. If explicit consent is relied upon, the data subject in question must be issued with a suitable privacy notice in order to capture their consent.]
7.6 In all cases where consent is relied upon as the lawful basis for collecting, holding, and/or processing personal data, records must be kept of all consents obtained in order to ensure that the Company can demonstrate its compliance with consent requirements.
9.1 The Company will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which data subjects have been informed (or will be informed) as under Part 8, above, and as set out in Part 24, below.
9.2 Employees, agents, contractors, or other parties working on behalf of the Company may collect personal data only to the extent required for the performance of their job duties and only in accordance with this Policy. Excessive personal data must not be collected.
9.3 Employees, agents, contractors, or other parties working on behalf of the Company may process personal data only when the performance of their job duties requires it. Personal data held by the Company cannot be processed for any unrelated reasons.
10.1 The Company shall ensure that all personal data collected, processed, and held by it is kept accurate and up-to-date. This includes, but is not limited to, the rectification of personal data at the request of a data subject, as set out in Part 17, below.
10.2 The accuracy of personal data shall be checked when it is collected and at [regular] OR [<<insert interval>>] intervals thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.
11.1 The Company shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.
11.2 When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.
11.3 For full details of the Company’s approach to data retention, including retention periods for specific personal data types held by the Company, please refer to our Data Retention Policy.
12.1 The Company shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Further details of the technical and organisational measures which shall be taken are provided in Parts 25 to 30 of this Policy.
12.2 All technical and organisational measures taken to protect personal data shall be regularly reviewed and evaluated to ensure their ongoing effectiveness and the continued security of personal data.
12.3 Data security must be maintained at all times by protecting the confidentiality, integrity, and availability of all personal data as follows:
13.1 The Data Protection Officer is responsible for administering this Policy and for developing and implementing any applicable related policies, procedures, and/or guidelines.
13.2 The Company shall follow a privacy by design approach at all times when collecting, holding, and processing personal data. Data Protection Impact Assessments shall be conducted if any processing presents a significant risk to the rights and freedoms of data subjects (please refer to Part 14 for further information).
13.3 All employees, agents, contractors, or other parties working on behalf of the Company shall be given appropriate training in data protection and privacy, addressing the relevant aspects of Data Protection Law, this Policy, and all other applicable Company policies.
13.4 The Company’s data protection compliance shall be regularly reviewed and evaluated by means of Data Protection Audits.
13.5 The Company shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:
14.1 In accordance with the privacy by design principles, the Company shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data which involve the use of new technologies and where the processing involved is likely to result in a high risk to the rights and freedoms of data subjects.
14.2 The principles of privacy by design should be followed at all times when collecting, holding, and processing personal data. The following factors should be taken into consideration:
14.3 Data Protection Impact Assessments shall be overseen by the Data Protection Officer and shall address the following:
15.1 The Company shall provide the information set out in Part 15.2 to every data subject:
15.2 The following information shall be provided in the form of a privacy notice:
16.1 Data subjects may make subject access requests (“SARs”) at any time to find out more about the personal data which the Company holds about them, what it is doing with that personal data, and why.
16.2 Employees wishing to make a SAR should do using a Subject Access Request Form, sending the form to the Company’s Data Protection Officer at <<insert contact details>>.
16.3 Responses to SARs must normally be made within one month of receipt, however, this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the data subject shall be informed.
16.4 All SARs received shall be handled by the Company’s Data Protection Officer [and in accordance with the Company’s Data Subject Access Request Policy & Procedure].
16.5 The Company does not charge a fee for the handling of normal SARs. The Company reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.
17.1 Data subjects have the right to require the Company to rectify any of their personal data that is inaccurate or incomplete.
17.2 The Company shall rectify the personal data in question, and inform the data subject of that rectification, within one month of the data subject informing the Company of the issue. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.
17.3 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data.
18.1 Data subjects have the right to request that the Company erases the personal data it holds about them in the following circumstances:
18.2 Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.
18.3 In the event that any personal data that is to be erased in response to a data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).
19.1 Data subjects may request that the Company ceases processing the personal data it holds about them. If a data subject makes such a request, the Company shall retain only the amount of personal data concerning that data subject (if any) that is necessary to ensure that the personal data in question is not processed further.
19.2 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).
20.1 The Company processes personal data using automated means. <<Insert details of automated processing>>.
20.2 Where data subjects have given their consent to the Company to process their personal data in such a manner, or the processing is otherwise required for the performance of a contract between the Company and the data subject, data subjects have the right, under the UK GDPR, to receive a copy of their personal data and to use it for other purposes (namely transmitting it to other data controllers).
20.3 To facilitate the right of data portability, the Company shall make available all applicable personal data to data subjects in the following format[s]:
20.4 Where technically feasible, if requested by a data subject, personal data shall be sent directly to the required data controller.
20.5 All requests for copies of personal data shall be complied with within one month of the data subject’s request. The period can be extended by up to two months in the case of complex or numerous requests. If such additional time is required, the data subject shall be informed.]
21.1 Data subjects have the right to object to the Company processing their personal data based on legitimate interests, for direct marketing (including profiling), [and processing for scientific and/or historical research and statistics purposes].
21.2 Where a data subject objects to the Company processing their personal data based on its legitimate interests, the Company shall cease such processing immediately, unless it can be demonstrated that the Company’s legitimate grounds for such processing override the data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.
21.3 Where a data subject objects to the Company processing their personal data for direct marketing purposes, the Company shall cease such processing promptly.
21.4 [Where a data subject objects to the Company processing their personal data for scientific and/or historical research and statistics purposes, the data subject must, under the UK GDPR, demonstrate grounds relating to his or her particular situation. The Company is not required to comply if the research is necessary for the performance of a task carried out for reasons of public interest.]
22.1 [The Company uses personal data in automated decision-making processes as follows:
22.2 [The Company uses personal data for profiling purposes as follows:
22.3 The activities described in this Part 22 are generally prohibited under Data Protection Law where the resulting decisions have a legal or similarly significant effect on data subjects unless one of the following applies:
22.4 If special category personal data is to be processed in this manner, such processing can only be carried out if one of the following applies:
22.5 Where decisions are to be based solely on automated processing (including profiling), data subjects have the right to object, to challenge such decisions, request human intervention, to express their own point of view, and to obtain an explanation of the decision from the Company. Data subjects must be explicitly informed of this right at the first point of contact.
22.6 In addition to the above, clear information must be provided to data subjects explaining the logic involved in the decision-making or profiling, and the significance and envisaged consequences of the decision or decisions.
22.7 When personal data is used for any form of automated processing, automated decision-making, or profiling, the following shall apply:
23.1 The Company is subject to certain rules and regulations when marketing its [products] AND/OR [services]
23.2 The prior consent of data subjects is required for electronic direct marketing including email, text messaging, and automated telephone calls subject to the following limited exception:
23.3 The right to object to direct marketing shall be explicitly offered to data subjects in a clear and intelligible manner and must be kept separate from other information in order to preserve its clarity.
23.4 If a data subject objects to direct marketing, their request must be complied with promptly. A limited amount of personal data may be retained in such circumstances to the extent required to ensure that the data subject’s marketing preferences continue to be complied with.]
The following personal data is collected, held, and processed by the Company (for details of data retention, please refer to the Company’s Data Retention Policy):
The Company shall ensure that the following measures are taken with respect to all communications and other transfers involving personal data:
25.1 All emails containing personal data must be encrypted [using <<insert type(s) of encryption>>];
25.2 All emails containing personal data must be marked “confidential”;
25.3 Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances;
25.4 Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;
25.5 Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself should be deleted. All temporary files associated therewith should also be deleted [using <<insert method of deletion>>];
25.6 Where personal data is to be sent by facsimile transmission the recipient should be informed in advance of the transmission and should be waiting by the fax machine to receive the data;
25.7 Where personal data is to be transferred in hardcopy form it should be passed directly to the recipient [or sent using <<insert name(s) and/or type(s) of delivery service>>];
25.8 All personal data to be transferred physically, whether in hardcopy form or on removable electronic media shall be transferred in a suitable container marked “confidential”;
25.9 [<<Add further security measures as required>>.]
The Company shall ensure that the following measures are taken with respect to the storage of personal data:
26.1 All electronic copies of personal data should be stored securely using passwords and [<<insert type(s) of encryption>>] data encryption;
26.2 All hardcopies of personal data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet, or similar;
26.3 All personal data stored electronically should be backed up <<insert interval>> with backups stored [onsite] AND/OR [offsite]. All backups should be encrypted [using <<insert type(s) of encryption>>];
26.4 No personal data should be stored on any mobile device (including, but not limited to, laptops, tablets, and smartphones), whether such device belongs to the Company or otherwise [without the formal written approval of <<insert name(s) and/or position(s) and contact details>> and, in the event of such approval, strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary];
26.5 No personal data should be transferred to any device personally belonging to an employee, agent, contractor, or other party working on behalf of the Company and personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of the Company where the party in question has agreed to comply fully with the letter and spirit of this Policy and of the applicable Data Protection Law (which may include demonstrating to the Company that all suitable technical and organisational measures have been taken);
26.6 [<<Add further security measures as required>>.]
When any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of. For further information on the deletion and disposal of personal data, please refer to the Company’s Data Retention Policy.
The Company shall ensure that the following measures are taken with respect to the use of personal data:
28.1 No personal data may be shared informally and if an employee, agent, contractor, or other party working on behalf of the Company requires access to any personal data that they do not already have access to, such access should be formally requested from <<insert name(s) and/or position(s) and contact details>>;
28.2 No personal data may be transferred to any employee, agent, contractor, or other party, whether such parties are working on behalf of the Company or not, without the authorisation of <<insert name(s) and/or position(s) and contact details>>;
28.3 Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, contractors, or other parties at any time;
28.4 If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it;
28.5 Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of <<insert position>> to ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third-party service such as the TPS;
28.6 [<<Add further security measures as required>>.]
The Company shall ensure that the following measures are taken with respect to IT and information security:
29.1 All passwords used to protect personal data should be changed regularly and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lowercase letters, numbers, and symbols. [All software used by the Company is designed to require such passwords.];
29.2 Under no circumstances should any passwords be written down or shared between any employees, agents, contractors, or other parties working on behalf of the Company, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords;
29.3 All software (including, but not limited to, applications and operating systems) shall be kept up-to-date. The Company’s IT staff shall be responsible for installing any and all security-related updates [not more than <<insert period>> after the updates are made available by the publisher or manufacturer] OR [as soon as reasonably and practically possible] [, unless there are valid technical reasons not to do so];
29.4 No software may be installed on any Company-owned computer or device without the prior approval of the <<insert department or position>>;
29.5 [<<Add further security measures as required>>.]
The Company shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:
30.1 All employees, agents, contractors, or other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under Data Protection Law and under this Policy, and shall be provided with a copy of this Policy;
30.2 Only employees, agents, contractors, or other parties working on behalf of the Company that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by the Company;
30.3 All sharing of personal data shall comply with the information provided to the relevant data subjects and, if required, the consent of such data subjects shall be obtained prior to the sharing of their personal data;
30.4 All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately trained to do so;
30.5 All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately supervised;
30.6 All employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be required and encouraged to exercise care, caution, and discretion when discussing work-related matters that relate to personal data, whether in the workplace or otherwise;
30.7 Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;
30.8 All personal data held by the Company shall be reviewed periodically, as set out in the Company’s Data Retention Policy;
30.9 The performance of those employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed;
30.10 All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be bound to do so in accordance with the principles of Data Protection Law and this Policy by contract;
30.11 All agents, contractors, or other parties working on behalf of the Company handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the Company arising out of this Policy and Data Protection Law;
30.12 Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure;
30.13 [<<Add further organisational measures as required>>.]
31.1 The Company may, from time to time, transfer (‘transfer’ includes making available remotely) personal data to countries outside of the UK. The UK GDPR restricts such transfers in order to ensure that the level of protection given to data subjects is not compromised.
31.2 Personal data may only be transferred to a country outside the UK if one of the following applies:
32.1 All personal data breaches must be reported immediately to the Company’s Data Protection Officer.
32.2 If an employee, agent, contractor, or other party working on behalf of the Company becomes aware of or suspects that a personal data breach has occurred, they must not attempt to investigate it themselves. Any and all evidence relating to the personal data breach in question should be carefully retained.
32.3 If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the Data Protection Officer must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.
32.4 In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Part 32.3) to the rights and freedoms of data subjects, the Data Protection Officer must ensure that all affected data subjects are informed of the breach directly and without undue delay.
32.5 Data breach notifications shall include the following information:
This Policy shall be deemed effective as of (insert date). No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.
This Policy has been approved and authorised by:
Appurva Appan2024-11-07Trustindex verifies that the original source of the review is Google. I was recommended Chokkar Solicitors by two friends who had recently purchased homes, and I'm glad I chose them for my own first-time home purchase in the UK. Working with Jaspal, I felt supported throughout the entire process. As a first-time buyer, I had countless questions, especially when certain aspects became a bit complex. Jaspal was patient and professional, always taking the time to respond and providing reliable advice. He was responsive, kept me updated and ensured that everything was on track for a smooth closing. I would definitely recommend Chokkar Solicitors to anyone navigating the home-buying process. Sam Kay2024-03-27Trustindex verifies that the original source of the review is Google. They helped me really quickly at short notice and charged me a fair amount unlike another solicitor down the road. Ladies at reception were polite and helpful. John2023-08-12Trustindex verifies that the original source of the review is Google. We worked with Kush to buy a house these last few months. The conditions of the sale changed on a weekly basis however this didn't phase him. He always worked hard on our behalf and was our champion the whole time. He didn't give into pressure from 3rd parties who seemed to want to cut corners which would have been detrimental to us. He was very diligent and efficient but still took the time to talk to us and explain the various aspects of the sale as well as any post-sale considerations. Thank you Chhokar & Co and thank you Kush for such a high quality service. balkar Singh pehwa2023-07-10Trustindex verifies that the original source of the review is Google. Very helpful staff Gurinder Singh Wadhwa2022-09-14Trustindex verifies that the original source of the review is Google. Although I expressed my appreciation to you both (Mr. Santokh Chhokar, Mr. Olabode Fagbemi) for your superb advice and guidance, I wish to formally register my thanks in writing as well. I was really impressed from the first conversation we had in person that strengthen me to get on the property ladder (earlier I was bit worried considering I was first time buyer). But I am thankful to you for being so helpful and honest throughout the process. I found the whole process was stress free due to your input and in the end was very pleased with the outcome which was far more than I had hoped for. In addition, I have always felt that my matter was given priority as an important individual client. Thank you once again for fulfilling one of my big dream. I will be happy to recommend your firm to friends and family. Thank you again to whole team of "Chhokar & Co Solicitors". Regards, Gurinder Singh Wadhwa
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