Henson Group's GDPR Compliance Statement
The EU General Data Protection Regulation (“GDPR” or “Regulation”) came into force across the European Union on 25th May 2018 and brought with it the most significant changes to data protection law in two decades. Based on privacy by design and taking a risk-based approach, the GDPR has been designed to meet the requirements of the digital age.
The 21st Century brings with it broader use of technology, new definitions of what constitutes personal data, and a vast increase in cross-border processing. The new Regulation aims to standardize data protection laws and processing across the EU; affording individuals stronger, more consistent rights to access and control their personal information.
Henson Group Services UK Limited (‘We’ or ‘us’ or ‘our’) are committed to ensuring the security and protection of the personal information that we process, and to provide a compliant and consistent approach to data protection. We have always had a robust and effective data protection program in place which complies with existing federal and state/province laws and abides by the data protection principles. However, we recognise our obligations in updating and expanding this program to meet the demands of the GDPR.
Henson Group Services UK Limited are dedicated to safeguarding the personal information under our remit and in developing a data protection regime that is effective, fit for purpose and that demonstrates an understanding of, and appreciation for the new Regulation. Our preparation and objectives for GDPR compliance have been summarised in this statement. This Statement also includes the development and implementation of new data protection roles, policies, procedures, controls and measures to ensure maximum and ongoing compliance.
How We Prepared for the GDPR
Henson Group Services UK Limited already has a consistent level of data protection and security across our organisation; however we confirm that we are fully compliant with the GDPR on 1st January, 2018. Our preparation includes: -
· Information Audit – To ensure compliance with the GDPR, we have carried out a company-wide information audit aimed to identify, record, and structure the personal data that we hold and process. The audit has outlined clearly the types of personal data that we have collected, sources of the data, the legal grounds for processing, the purposes of processing, parties to whom such data may be disclosed as well as parties responsible for the protection of such data.
· Policies & Procedures – The Company has implemented data protection policies and procedures to meet the requirements and standards of the GDPR and any relevant data protection laws, including: -
o Data Protection – We have overhauled our data protection policy and adopted a comprehensive policy and procedure document for data protection that meets the standards, principles and requirements of the GDPR and relevant data protection laws. Our data and security policy addresses all facets of collection, use, storage, and disclosure of personal data. The Company has also put in place accountability and governance measures to ensure that we understand and adequately disseminate and evidence our obligations and responsibilities; with a dedicated focus on privacy by design and the rights of individuals.
o Data Retention & Erasure – The Company has updated its personal retention and erasure policy including a retention schedules that will govern the period that records will be retained. The retention schedule can be found in the Record Retention Periods table at the end of this document. The schedule will also ensure that the Company meets GDPR’s ‘data minimization’ and ‘storage limitation’ principles and that personal information is stored, archived and destroyed in a lawful and transparent manner. We have put erasure procedures in place to meet the new ‘Right to Erasure’ obligations and are aware of when this and other data subject’s rights apply along with limitations on this right, response timeframes and notification requirements. The Company regularly purges and removes data in line with its data retention policy.
o Data Breaches – As part of our commitment to comply with data protection laws and the GDPR, we have adopted a data breach policy and procedures to ensure that we have safeguards and measures in place to identify, assess, investigate, record, report , mitigate and/or prevent any personal data breach at the earliest possible time. Our procedures are robust and have been disseminated to all employees, making them aware of the breach reporting obligations and steps to follow.
o International Data Transfers & Third-Party Disclosures – The Company recognizes that transfers of personal data undergoing processing or intended for processing after transfer to a third country or an international organisation, must comply with data protection laws as well as Chapter 5 of the GDPR. We have put robust policies, procedures and safeguarding measures in place to secure, encrypt and maintain the integrity of the personal data that is stored or transferred outside the EU. Our procedures include a regular review of the destination countries to assess whether they provide an adequate level of protection, the adoption of provisions for binding corporate rules, the use of data processing agreements with third parties, as well as the use standard data protection clauses or approved codes of conduct for those countries without. We carry out strict due diligence checks with all recipients of personal data to assess and verify that they have appropriate safeguards in place to protect the information, ensure enforceable data subject rights and have effective legal remedies for data subjects where applicable. Third parties must agree to comply with our policies and institute minimum security measures for the use, storage and disclosure of personal information. Our contracts with third parties also require indemnification to Henson Group in the event of unauthorised use or disclosure of information stored on third party networks.
o Subject Access Request (SAR) – The Company has established SAR procedures that complement our data protection and procedures policy. We have continually revised our SAR procedures to accommodate the revised 30-day timeframe for handling subject requests for information. In the event of a subject access request, an extract of information processed by the Company shall be provided to the data subject free of charge. Our new procedures detail how to verify the data subject, what steps to take for processing an access request, what exemptions apply and a suite of response templates to ensure that communications with data subjects are compliant, consistent and adequate.
· Legal Basis for Processing – We have are reviewed all processing activities to identify the legal basis for processing of personal data and ensuring that each basis is appropriate for the activity it relates to. The legal bases we rely upon in processing personal information are also outlined in our Privacy notice. Where applicable, we also maintain records of our processing activities, ensuring that our obligations under Article 30 of the GDPR and Schedule 1 of the Data Protection Bill are met.
· Privacy Notice/Policy – We have revised our Privacy Notice(s) to comply with the GDPR, ensuring that all individuals whose personal information we process have been informed of why we need it, how it is used, what their rights are, who the information is disclosed to and what safeguarding measures are in place to protect their information.
· Obtaining Consent – we have revised our consent mechanisms for obtaining personal data, ensuring that individuals understand what they are providing, why and how we use it and giving clear, easy and intelligible ways to provide active consent to us processing their information. We have developed stringent processes for recording consent, making sure that we can evidence an affirmative opt-in, along with time and date records; and an easy to see and access way to withdraw consent at any time.
· Direct Marketing – we have revised the wording and processes for direct marketing, including clear opt-in mechanisms for marketing subscriptions; a clear notice and method for opting out and providing unsubscribe features on all subsequent marketing materials.
· Data Protection Impact Assessments (DPIA) – where we process personal information that that involves high risk, large scale processing or special category/criminal conviction data, we have developed and apply stringent procedures and assessment templates for carrying out impact assessments that comply fully with the GDPR’s Article 35 requirements. We have implemented documentation processes that record each assessment, allow us to rate the risk posed by the processing activity and implement mitigating measures to reduce the risk posed to the rights of data subject(s).
· Processor Agreements – where we use any third-party to process personal information on our behalf (i.e. Payroll, Recruitment, Hosting etc.), we have drafted Data Processing Agreements and due diligence procedures for ensuring that third parties (as well as we), understand and meet their/our GDPR obligations. These measures include initial and ongoing reviews of the service provided, outlining the necessity of the processing activity, and the technical and organisational measures in place and commitment to comply with the GDPR.
· Special Categories Data - where we obtain and process any special category information, we do so in complete compliance with the Article 9 requirements and have high-level encryptions and protections on all such data. Special category data is only processed where necessary and is only processed where we have first identified the appropriate Article 9(2) basis or the Data Protection Bill Schedule 1 condition. Where we rely on consent for processing, this is explicit and is verified by a signature, with the right to modify or remove consent being clearly signposted.
Data Subject Rights
In addition to the policies and procedures mentioned above that ensure individuals can enforce their data protection rights, we provide easy to access information via of an individual’s right to access any personal information that Henson Group Services UK Limited processes about them and to request information about: -
· What personal data we hold about them
· The purposes of the processing
· The categories of personal data concerned
· The recipients to whom the personal data has/will be disclosed
· How long we intend to store your personal data for
· If we did not collect the data directly from them, information about the source
· The right to have incomplete or inaccurate data about them corrected or completed and the process for requesting this
· The right to request erasure of personal data (where applicable) or to restrict processing in accordance with data protection laws, as well as to object to any direct marketing from us and to be informed about any automated decision-making that we use
· The right to lodge a complaint or seek judicial remedy and who to contact in such instances
Information Security & Technical and Organisational Measures
Henson Group Services UK Limited takes the privacy and security of individuals and their personal information very seriously and takes every reasonable measure and precaution to protect and secure the personal data that we process. We have robust information security policies and procedures in place to protect personal information from unauthorised access, alteration, disclosure or destruction and have several layers of security measures, including standard commercial encryption, pseudonymisation, the adoption of password policy, the use of asset management programs, role-based access to personal data, penetration and vulnerability testing, intrusion detection systems, regular hardware back-ups, the use commercially available firewall as well as monthly software and hardware updates.
GDPR Roles and Employees
Henson Group Services UK Limited have designated Mason Hayes & Curran (South Bank House, Barrow Street, Dublin 4, Ireland) as our Data Protection Counsel and have appointed a data privacy team to develop and implement our roadmap for complying with the new data protection Regulation. The team is responsible for promoting awareness of the GDPR across the organisation, assessing our GDPR readiness, identifying any gap areas and implementing the new policies, procedures and measures.
Henson Group Services UK Limited understands that continuous employee awareness and understanding is vital to the continued compliance of the GDPR and has involved our employees in our preparation plans. We have implemented an employee training program which has been/will be provided to all employees prior to January 1, 2018 and forms part of our induction and annual training program.
If you have any questions about our preparation for the GDPR, please contact GDPR@HensonGroup.com.