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Data Protection Law, UK GDPR, and Workplace Compliance

Data Protection Law, UK GDPR, and Workplace Compliance

by | Aug 11, 2021 | Corporate Governance

We take a look at what the UK GDPR rules mean for organisations and the steps we need to take to ensure compliance with Data Protection Law.

We live in a world where businesses and organisations use and store vast amounts of information about individuals. This must be regulated to protect our privacy and prevent the misuse of our information, which is how the Data Protection Law and EU GDPR came about.

From 1 January 2021 the transition period ended, and the UK left the European Union. The EU General Data Protection Regulation has now been enshrined in UK law and is referred to as the UK GDPR.

Sitting alongside the UK GDPR is the Data Protection Act 2018 which supplements it. The UK GDPR and the Data Protection Act 2018 combined now provide the legal framework for data protection in the UK and should be read side by side.

UK organisations need to amend their GDPR documentation to align it with the requirements of the UK GDPR, which is why here at REALSENSE, we have been working with our partners at Geldards Law Firm to update our UK GDPR Online Training and Date Protection Law Refresher Training to ensure our customers are provided with up to date, accurate and easy to understand information so they can train their staff with confidence.

Providing staff training on Data Protection Law and UK GDPR regulations can help your organisation to demonstrate compliance.

 

About Data Protection Law

Data Protection Law protects our personal data. This is any information relating to and identifying an individual, including names, addresses, telephone numbers, date of birth, email addresses, user IDs, cookie addresses, career history and financial details.

In addition to this, we all also have personal data that is defined in law as ‘Sensitive/Special Category Personal Data’ – this includes race, ethnic origin, sex life or sexual orientation, genetic data, trade union membership, political opinion, health data, biometric data, religious information or philosophical beliefs.

If misused, this kind of data could cause significant harm or discrimination to individuals, and therefore it has a higher level of protection under Data Protection Law.

To be protected by Data Protection Law, personal data must be either held electronically or form part of a paper filing system where data is filed using specific criteria.

 

Key Provisions of UK GDPR

Under the UK GDPR, individuals have enhanced rights with regards to their data. These include:

  • The right to object
  • The right to erasure
  • Rights of access
  • The right to restriction
  • The right to data portability
  • Rights of rectification

UK GDPR also states that organisations have a duty to follow certain procedures and regulations with regards to processing data. An overview is given below:

  • Compliance – organisations must demonstrate compliance with provisions of UK GDPR and Data Protection principles.
  • Consent – individual consent must be freely given and informed. Methods of obtaining consent must be unambiguous, and it should be as easy to withdraw as it was to give.
  • Privacy notices – these must be provided at the time data was collected and be clear and unambiguous, containing certain specific information.
  • Individuals’ rights – as listed above, these are supported under UK GDPR and organisations must respond to a person’s requests to exercise their rights within one month.
  • Personal data breach notifications – in certain circumstances, individuals and the ICO must be notified when a breach occurs.
  • Fines – considerable fines can be given to organisations where non-compliance occurs.

 

Possible consequences of non-compliance

In the UK, Data Protection Law is regulated and enforced by the ICO (Information Commissioner’s Office). As the UK GDPR includes the principle of accountability, this means that organisations are responsible for demonstrating their compliance to UK GDPR to the ICO.

Fines for breaches of data protection law are significant under the UK GDPR. The maximum fine is £17.5 million or 4% of annual turnover worldwide, whichever is greater.

 

How can I ensure my staff help support the security of my organisation?

Organisations must ensure that they give their staff the skills and knowledge to prevent data breaches and maintain the safety and security of data. There is no substitute for in-house policies and procedures combined with comprehensive training.

Our UK GDPR Online Training will ensure your staff are fully informed in all aspects of UK GDPR, including law enforcement and how they can help support their employer by complying to legislation.

We also offer Data Protection Law Refresher Training which is an excellent choice for those individuals who have already had some training or have a good understanding of data protection legislation but would benefit from refresher training to reaffirm and enhance their understanding.

Our courses are comprehensive but easy to access, and more importantly, easy to understand. Training staff about rules and legislation can often be formulaic, and let’s face it, mundane. A number of our customers have told us they enjoy the interactive, engaging style of our online training courses compared to others that are ‘drier’ and that they better retain knowledge because of the easy to understand format.

As well as providing training, it is important to look at your workplace as a whole and implement strategies that the whole team should adopt when handling and processing data. Examples are given below.

Steps your staff can take to help your organisation keep personal data secure:

  • Ensure mobile devices are password protected and not left unattended
  • Keep their computer password secret
  • Follow your employer’s IT procedures – these should be documented in a policy handbook
  • Don’t store personal data on unencrypted USB device
  • Store papers that contain personal information securely
  • Don’t send personal data from your work email to your personal email account
  • Dispose of personal data that is no longer required confidentially
  • Double check email addresses are is correct when sending any personal data by email
  • Follow rules laid down by your employer regarding office security

 

For additional information, resources and courses on UK GDPR, Data Protection Law or any other training requirements, take a look at our course catalogue or give us a call on 01332 208500 or get in touch here and we would be happy to help.

Addressing Modern Slavery in the UK on the World Day Against Trafficking

Addressing Modern Slavery in the UK on the World Day Against Trafficking

by | Jul 30, 2021 | Employment and HR, Health and Wellbeing

Why is addressing Modern Slavery and Trafficking in the Workplace important?

July 30th marks the World Day Against Trafficking in Persons and highlights the fact that Modern Slavery is still a problem in the world today. All organisations need to play their part in raising awareness and working together to eradicate the existence of both slavery and trafficking.

The United Nations have decreed that this year’s theme puts victims of human trafficking at the centre of their campaign and highlights the importance of listening to and learning from survivors of human trafficking. In this way, we can all become more educated in how effective measures to prevent this crime and protect those at risk can be implemented.

The United Nations states that:

“Many victims of human trafficking have experienced ignorance or misunderstanding in their attempts to get help. They have had traumatic post-rescue experiences during identification interviews and legal proceedings. Some have faced revictimisation and punishment for crimes they were forced to commit by their traffickers. Others have been subjected to stigmatisation or received inadequate support. Learning from victims’ experiences and turning their suggestions into concrete actions will lead to a more victim-centred and effective approach in combating human trafficking”.

Could Modern Slavery and Human Trafficking really still affect my business in 2021?

Modern Slavery can take many different forms, but increasingly cases of human trafficking, labour exploitation and debt bondage are appearing in the UK workplace. Modern slavery can exist anywhere – in larger organisations where goods are imported and exported, as well as in our communities and local businesses.

Complex supply chains can often allow forced labour to thrive and companies with a significant UK market presence often indirectly rely on people working in slavery to produce the goods they sell, or may have supply chains that can encourage trafficking. Numerous companies subcontract their services or have supply chains managed by external staff which often unintentionally masks or hides a company’s involvement in trafficking or slavery.

According to antislavery.org,

“Human Trafficking exists because vulnerable people are often willing to take big risks in order to provide for their families”.

Traffickers exploit and manipulate human emotions for their own gain, often promising victims they can make dreams come true and change their lives, frequently offering jobs, accommodation and wages which never materialise. Victims may find that they have to give up their passport, pay a trafficking debt or pay ‘commission’ to their traffickers. They can be left trapped in a different country with no possessions and no means to return. Victims then become reliant upon their traffickers and may face threats and violence if they refuse to work. And so the cycle continues.

On a local basis or in small-scale industries, many of us may struggle to believe that Human Trafficking could be happening in our local area or in companies in our community. This is incorrect. People can be exploited in the farming industry, in construction, beauty and hospitality, and even when working in other people’s homes. In fact, any role that involves people being trafficked to work for very low pay, or even none at all, is modern-day slavery in action.

 

Educating your workforce to help prevent Trafficking and Modern Slavery

The Modern Slavery Act (2015) states that all organisations with a turnover of over £37 million must produce an annual statement on how they are tackling Modern Slavery. However, all organisations, regardless of size, have a responsibility to ensure their staff are aware that the problem exists and what they can do to help eradicate it and provide support for victims.

Many companies now request evidence of an ethical supply chain as a part of their working policies to ensure that all individuals remain free from Modern Slavery and are treated fairly and justly and their Human Rights are supported.

By recognising and talking about this issue, employers also help to raise awareness amongst their employees. Implementing staff training such as that provided in our Modern Slavery Awareness Training Course is essential to help teach all staff about the issue of trafficking and Modern Slavery in workforces across the UK through educating and informing. By providing necessary information, you can ensure that your staff have all the knowledge they need to keep your workplace operating ethically and fairly.

 

What signs of Modern Slavery or Trafficking should I train my staff to look out for?

There are a number of general indicators of modern slavery and trafficking that all employees and members of the public need to be made aware of. These include (but are not limited to):

Living Arrangements

Victims may not know their home or work address, they may live in poor, sub-standard or unsuitable accommodation and have no choice about where they live or who they live with. It may also be noted that victims of trafficking live in excessively large groups in the same place

Working Conditions

Victims may not have a contract, or may be unable to choose when or where they work. They may not be given time off work or could be forced to work long hours over long periods. Victims of trafficking or modern slavery may also be reluctant to share any personal information with their colleagues.

Restricted Freedoms

Victims may not have possession of their passport or identity documents. They may be reluctant to seek medical care when needed and could seem to depend on their employer for all their work, travel and accommodation without having any freedom of choice.

Physical Appearance

Victims may suffer injuries that could be a result of assault or measures of control, they may wear the same clothes every day, not be dressed adequately for work or be without protective or warm clothing. They could also have unexplained injuries.

Finances

Victims may receive little or no payment for their work, have no access to their own money or be controlled or punished financially.

If you suspect that someone is in slavery, do not confront them or try to fix it yourself as this could lead to increased harm for them. Instead, inform relevant authorities or organisations such as the Modern Slavery Helpline on 08000 121 700 or if necessary call the Police.

If you would like more information about how we can support your staff training and help raise your employees’ awareness of Modern Slavery, take a look at our Modern Slavery Awareness Online Training which forms part of our Corporate Governance suite of courses which includes also LGBTQ Awareness training, Equality and Diversity training and many more.

Domestic Abuse and Violence Awareness Training Following Covid-19

Domestic Abuse and Violence Awareness Training Following Covid-19

by | Jul 15, 2021 | Health and Wellbeing, Coronavirus (Covid-19), News

All of us will have seen and heard many different statistics over the last year, relating to cases of Covid-19, hospitalisations, mental health, long Covid and so on, but far less has been reported about the significant increase in domestic abuse and violence and the impact the global pandemic has had for those suffering abuse.

Domestic Violence Helplines and the NSPCC have all reported a rise in cases since the Covid pandemic started, and according to the domestic violence charity Refuge, the number of calls they received between April 2020 and February 2021 increased by more than 60% compared to the average number of calls at the start of 2020.

What is Domestic Abuse and Violence?

According to GOV.UK:

“Domestic Abuse can be defined as any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality. The abuse can encompass, but is not limited to psychological, physical, sexual, financial or emotional factors”.

Domestic violence can happen against anyone, and anybody can be an abuser. It involves one person in a relationship having power and control over the other person.

Although historically women were seen as the victim and men as a perpetrator, 25% of reported domestic abuse involves crime against a male. Men and women can both be the victim or perpetrator.

There are a number of potential risk factors that have been identified which may increase the risk of incidents of domestic abuse and violence. These include, but are not limited to:

  • Physical learning difficulties – a victim may find it harder to disclose what has happened or may be reliant on the perpetrator for personal care or mobility.
  • Socio-economic status
  • Relationship status
  • Gender
  • Homelessness
  • Household structure
  • Sexual orientation
  • Mental health

Although consideration should be given to these factors, there is no clear cut way to define who may or may not experience domestic abuse and violence, and therefore, anyone reporting or showing the signs of experiencing domestic abuse and violence must be given appropriate support and resources.

Domestic Abuse and Violence can take place anywhere, at home or beyond and can have many components, not always physical and can include abuse and violent harassment by phone, over the internet or through social networking sites. It can have many different guises with differing levels of severity including:

  • Stalking and harassment
  • Online and digital abuse
  • Teenage relationship abuse
  • Child to parent abuse
  • ‘Honour’ based violence
  • Financial abuse
  • Physical abuse
  • Verbal abuse
  • Coercion and control

All of these aspects are covered in more detail in our Domestic Abuse and Violence online training course.

It’s important to remember that domestic abuse and violence are never the fault of the victim.

 

Why have Domestic Abuse and Violence increased during the Covid-19 Pandemic?

There are a number of reasons for the increased prevalence of domestic abuse and violence since the start of the Covid-19 pandemic, the main factors involve the UK lockdown and increased isolation. Many abusers used lockdown to maintain and fuel methods of coercive control and victims have felt more alone and with less access to resources or support. Confining victims under the same roof as perpetrators for prolonged periods of time has been found to be one of the key factors for the rise.

Families have faced financial pressures, a changed routine, the increased presence of children, anxiety about health, mental health problems and no opportunities for a holiday or a respite from the day to day challenges. For those living with a perpetrator of domestic abuse or violence, these pressures have been magnified.

Communication challenges have led to problems with reaching out for help and support, with many victims being unable to access online video calls in place of face to face support due to the presence of their abuser. Victims have faced reduced mobility while having to stay at home and not being able to leave their home has meant they lost many of their coping strategies and resources.

Domestic abuse charities reported less spaces in refuges during the first lockdown due to social distancing measures, reduced staffing capacity and funding for support services being lost or reduced.

On 29th April 2021, the Domestic Abuse Act was passed in both Houses of Parliament and signed into law.  This will provide further protection to the millions of people who experience domestic abuse and strengthen measures to tackle perpetrators. The Bill will also aim to raise awareness and understanding of the impact domestic abuse and violence can have, and further improve the justice system.

Domestic Abuse and Violence Training

Impacts of Domestic Abuse and Violence

Victims of domestic abuse or violence can experience significant impacts on both their physical and mental health, both short term and long term. Amongst others, these can include:

  • Agitation
  • Anxiety
  • A sense of helplessness
  • Hyper vigilance
  • Changes in eating and sleeping patterns
  • Flashbacks or nightmares
  • Physical or sexual injuries
  • Inappropriate or changing emotions
  • Persistent fear

Some people experiencing abuse and violence may turn to coping strategies such as substances or alcohol, they may withdraw from friendships and try to deny what is happening, both to themselves and to those around them. It may become difficult to concentrate at work and employees may seem distracted and unable to cope with their workload.

People often ask why a person experiencing domestic abuse or violence chooses to stay in the situation, but a victim may feel they have no choice. Their experiences may have given them low confidence and they may feel they cannot ‘stand on their own two feet’ or support themselves without the perpetrator. There may be practical reasons such as the fear of children being taken away or they may feel that they will have a lack of support if they do leave,

Numerous studies have shown that women in particular are at the greatest risk of homicide at the point of separation or just after leaving. Those experiencing domestic abuse and violence need support and help from those around them, to empower them, care for them and to help them make decisions.

Experiencing domestic abuse and violence clearly impacts every aspect of a victim’s life and therefore, employers need to recognise that this can include workplace impacts and should try to provide support and resources for victims.

 

Support for Victims of Domestic Abuse and Violence in the Workplace

Many employers have realised the need to support their staff with both raising awareness of domestic abuse and violence issues, and supporting employees who may be experiencing these. Recently, we have been approached by a number of organisations across different sectors who asked us to support them in training their staff, which is how our Domestic Abuse and Violence Awareness Training evolved.

Employers and HR teams have told us they want information about this issue, they want training about how to recognise the signs, they need to know how to support their staff and what to do if they spot the signs of domestic abuse and violence in their employees or suspect things may be amiss. We worked with experts in the field of Domestic Abuse and Violence to ensure our comprehensive training course covered all this and more, therefore ensuring those responsible for staff training were provided with everything they needed.

We have found that the course is of benefit to everyone, employers and employees alike, as it raises awareness, offers advice and guidance, and provides resources and additional help. The course takes approximately 45 minutes to complete and although it contains sensitive information, it is informative, educational and ensures every individual has the information they require – whether they need to provide help or ask for it themselves.

For more information about how our training courses can support the health and wellbeing of your team, please feel free to get in touch on 01332 208500 or contact us here.

We will happily offer a free trial of our Domestic Abuse and Violence Awareness Training course to all those who may find it of use to their organisation.