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Don't fall for these 5 myths about the GDPR

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3:47pm 19th February 2018
(Updated 3:49pm 19th February 2018)

Newtons Solicitors Promoted by
Newtons Solicitors

If you're a business owner, you might already have heard of the GDPR. You might also have heard some myths about it that have left you a bit confused on where your business stands - so here's the top five myths cleared up!

"It won’t apply to my business."

No business is too big or too small - if you process data of any EU citizen, the GDPR will apply. Processing data includes collecting, recording, storing and sharing data that enables an individual person to be identified. 

"BREXIT means it won’t actually take effect in the UK."

On the run up to the referendum, many people were led to believe that we'd totally separate ourselves from any EU law once we leave the Union. But this isn't the case at all, a lot of EU legislation will still remain effective in the UK. 

The GDPR will still take effect on 25 May this year, and the ICO website has lots of useful information about how it will be implemented. 

"If somebody provides their personal information to the company, we can use it again as long as we don’t give it to anyone else."

A big focus of the GDPR is consent of the data subject, the person who the data is about. That means companies will need to ensure that express consent has been provided, and that their intentions for the data have been very clearly stated. The company will also need to keep clear records of how the data was collected and how consent was given. 

"I need to appoint an independent Data Protection Officer."

You might be worried about the more onerous parts of the GDPR, like whether it means having to find a Data Protection Officer. You will have to if you're one of the following:

        1. A public authority.
        2. A business with high volume of processing of sensitive data, for example, medical records.
        3. A business with high volume monitoring of individuals.

But don't worry - your Data Protection Officer can be an existing employer operating at a senior management level. 

"I can’t collect or use data from business cards given at networking events."

If, like many local business owners, you attend networking events, you might be worried that the way you use information given to you on business cards will be heavily regulated. However, since there is a different context to networking events, and a legitimate interest to retain and use the data, specific consent is not required. 

If you have concerns about what the GDPR might mean for you, don't stick your head in the sand! Get reliable advice from a legal professional, like Newtons Solicitors.

You can hear Claire Armer from Newton's Solicitors busting all these myths for Beth Parsons here:

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