Data Protection Solicitors

As data becomes one of the most valuable assets for any organisation, regulatory scrutiny from the Information Commissioner's Office (ICO) continues to intensify and businesses can face serious sanctions, including millions of pounds in fines, if they fail to comply.

JMW provides direct solutions for businesses aiming to maintain and monitor compliance with increasingly complex data protection and privacy laws. We help organisations to manage risks by providing clear, innovative advice that aligns with your commercial goals and remains in full compliance with the Data Protection Act 2018 and the UK General Data Protection Regulation (GDPR), and advise and act on your behalf should you become subject to an ICO investigation and/or if you are subject to an ICO raid. Our data protection solicitors understand the pressure of maintaining growth while safeguarding sensitive information, and can advise on internal controls, policies and legal obligations to keep your organisation on track.

If you need support in complying with laws on data protection, GDPR compliance and data subject access requests, or advice on managing risk and carrying out internal investigations, or if you become subject to an ICO investigation, JMW can help. Call our expert regulatory team today on 0345 872 6666 or use our online enquiry form to request a call back at your convenience.

How JMW Can Help

JMW's experienced regulatory solicitors have a range of experience in supporting businesses with compliance, and representing them during investigations or proceedings brought by regulators including the Information Commissioner’s Office. We take a proactive and creative approach to solving data protection issues and work closely with businesses across all sectors to implement robust risk management frameworks. Our experienced regulatory investigations team comprises solicitors with a thorough understanding of compliance obligations, who can enable your business to process data efficiently and stay competitive without exposing you to unnecessary liability.

By implementing high standards of data protection, your organisation demonstrates accountability to both regulators and customers. JMW provides the following services:

• Conducting GDPR audits to identify gaps in your current systems and review internal data handling to ensure lawful processing.
• Advising on data protection impact assessments for high-risk processing activities to ensure privacy by design.
• Providing guidance on electronic marketing and the Privacy and Electronic Communication Regulations.
• Assisting with data subject access requests and the right to be forgotten.
• Guidance on appointing and supporting a data protection officer, along with suitable policies and frameworks for reporting, storage, processing, access and other compliance requirements.
• Advising and acting for businesses and individuals who have been subject to an ICO raid, specifically advising on the nature of the warrant, process for obtaining further material, and the recovery of seized materials. 

If your organisation is facing an investigation by the ICO, which comes with risks such as fines and reputational damage, we can represent you during this process and mount the strongest possible defence from the outset. Our award-nominated regulatory team has a strong track record in delivering the best possible outcome from these procedures.

As a full service law firm, JMW's regulatory experts also work with our employment team and reputation management solicitors to provide a comprehensive service for organisations looking to monitor compliance, measure risk or handle data subject access requests.

Meet Our Team

JMW's experienced regulatory compliance team combines deep industry knowledge with a direct approach to compliance, by offering risk assessments, internal investigations and other key services. Our team has many years of experience and stays up-to-date with the latest legal developments, to minimise risk for your organisation.

What UK Data Protection Laws Apply to My Business?

Businesses operating in the UK must comply with a strict framework of legislation, primarily the Data Protection Act 2018 and the UK GDPR, which is the UK's version of the equivalent EU law. These rules govern how you collect, store and use personal data, and failure to comply can lead to significant financial penalties. Among its enforcement powers, the ICO can issue fines of up to £17.5 million or 4% of a business' total annual worldwide turnover, whichever is higher, and there may be further consequences for organisations or their directors as a result.

The ICO has powers in certain circumstances to apply to the Crown Court for a warrant on an ex parte basis, meaning that you will not be present for the application. It means that the first you will become aware of the warrant is when the ICO attends your premises with a view to seizing materials as part of its investigation. It is therefore vital that you act quickly in contacting your solicitors as soon as the ICO arrives.

When processing personal data, you must identify a specific legal basis under the GDPR or risk breaking the law. Whether you rely on consent, contractual necessity or legitimate interests, your record of data processing activities must be accurate and defensible in these terms, and you should maintain a record of your processing activities, including categories of data and security measures, in case of an audit or ICO investigation.

Beyond this requirement, UK data protection laws require every data controller (meaning an organisation or individual who has access to personal data) to adhere to several core principles. Personal data must be processed fairly, lawfully, and transparently. It must be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.

Given the scale of the sanctions the ICO can impose, compliance with all of the relevant laws is only growing more important. At JMW, our team can advise you on the necessary data protection principles of transparency, purpose limitation, and data minimisation, explain how to implement them into your operations, and reduce your risk of regulatory scrutiny by ensuring your data processing activities have a valid legal basis. We can advise you on building systems around the core data protection principles that the ICO requires and put your organisation in the best possible position to meet its obligations.

Our experienced regulatory solicitors will also support you with data protection impact assessments when you introduce new technology or begin to process data that is likely to result in a high risk to individuals, and enable you to put appropriate safeguards in place. Our data protection solicitors will work with your technical specialists to verify that new systems do not create unforeseen liabilities.

We will also advise and represent you in liaising with the ICO during and after a raid, to advise on the lawfulness of the warrant that has been issued, and the nature of the investigation. The ICO has the power to prosecute businesses and individuals as well as to issue them with civil fines, and it is therefore vital that you obtain immediate legal advice should you find yourself subject to an investigation. 

How Should I Manage a Data Breach to Minimise Regulatory Scrutiny?

A data breach can occur through a cyber-attack, the loss of hardware, or simple human error. If a breach occurs, you often have only 72 hours to notify the Information Commissioner's Office if the breach poses a risk to data subjects. A swift, transparent response is the best way to mitigate potential fines and legal action.

JMW can support you to understand your organisation's responsibilities and respond to a breach. We provide a joined-up approach to breach management that involves:

• Determining if a breach is reportable.
• Responding to the ICO and managing any subsequent investigation.
• Communicating with affected data subjects to maintain confidence and minimise reputational damage.
• Identifying the root cause to prevent future incidents.

We work closely with your internal IT and security teams to provide a robust defence against claims arising from data loss. Whether the incident involves unauthorised disclosure or the accidental deletion of personal data, JMW will explain the potential outcomes and the steps you can take to minimise the scope of the issue.

What Are My Obligations Concerning Data Subject Access Requests?

Data subjects have the right to request a copy of the personal data your business holds about them. Managing a data subject access request can be time-consuming and often arises during wider disputes, such as tribunal claims involving employees or commercial litigation. Businesses can charge a reasonable administration fee for carrying this out, but it is a legal requirement to provide the information within a statutory one-month timeframe, and this can be challenging to manage.

JMW advises on the scope of these requests, what personal data must be disclosed and what can be withheld under specific exemptions.

What Happens If I Am Subject to an ICO Raid?

Where the ICO believes it necessary, it may apply to the Crown Court for the issue of a warrant to enter your premises and seize material. Officers may also look to interview members of staff and directors who have the authority to speak on behalf of the company. There are remedies that a company or individual can use to challenge warrants and obtain the information presented to the court before the warrants were issued, but it is vital that you move quickly to make the necessary applications. 

After an ICO raid, the ICO may continue to ask questions regarding its investigation, which can include questions asked under caution with a view to prosecution. If you face challenges in recovering items seized by the ICO, JMW’s regulatory solicitors can support you. We will liaise with the ICO, push for regular updates and advise you on the direction taken by the investigation.

Having a solicitor present during an ICO raid ensures that investigators do not go outside of the scope of the warrant. Legal representation during the course of any interview that may take place whilst the ICO are in attendance can make a significant difference to the outcome of the investigation and any prosecution that follows.

Q

Can you be sued for data protection?

A

If an organisation fails to comply with data protection laws, individuals have the right to seek compensation if they sustained financial loss or experienced distress as a result of the breach.

Claims can arise separately from ICO action, or in parallel. As such, organisations may need support to manage regulatory, civil and reputational risk during this process. JMW represents businesses in defending these claims, with a focus on minimising the impact on your operations and reputation, and avoiding costly litigation where possible.

Q

What sanctions can the ICO impose following an investigation?

A

Depending on the seriousness of the breach, the ICO may issue a number of sanctions. These include:

• A reprimand or formal warning
• An enforcement notice requiring specified changes, restrictions, rectification or deletion
• Information or assessment notices requiring evidence, access or an audit
• Prosecution for specific criminal offences
• A penalty notice imposing a financial penalty

For the most serious UK GDPR infringements, the maximum fine is £17.5 million or 4% of worldwide annual turnover, whichever is higher. Given the seriousness of this penalty, organisations facing a raid or other investigative process by the ICO should seek expert legal advice as soon as possible.

Q

Can the ICO prosecute a company for breaches?

A

The ICO can prosecute companies, but generally only for specific criminal offences rather than a general failure to comply with the UK GDPR or Data Protection Act 2019. Examples include unlawfully obtaining personal data, deliberately destroying or concealing information, or making false statements in response to an ICO notice.

In some circumstances, directors or senior officers may also be personally liable where an offence occurred with their consent, connivance or neglect. Regulatory breaches are more commonly dealt with through enforcement notices and financial penalties.

Q

How do I challenge an ICO warrant?

A

If the ICO attends your premises to conduct a raid, you should not obstruct the search, as doing so may create further legal risk. Instead, ask to see the warrant, record what is taken and obtain immediate advice from a solicitor experienced in regulatory investigations.

Challenging the warrant may involve asking the issuing court to set aside or vary it, or bringing judicial review proceedings on the grounds that the warrant was unlawfully obtained, lacked sufficient grounds, exceeded the ICO’s statutory powers or was executed outside its permitted scope. A separate application may also be needed to challenge the retention or use of seized material, particularly where it is legally privileged. Challenges should be made urgently because the available remedies may become more limited once the warrant has been executed.