Nourish Contract Catering Ltd

 

Data Protection Policy

 

 

  1. Introduction

This Policy sets out the obligations of Nourish Contract Catering Ltd, regarding data protection and the rights of its employees in respect of their personal data under EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).

The GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

This Policy sets the Company’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data relating to employee data subjects. The procedures and principles set out in this policy must be followed at all times by the Company, its employees, agents, contractors, or other parties working on behalf of the Company.

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.

 

  1. The Data Protection Principles

This Policy aims to ensure compliance with the GDPR. The GDPR sets out the following principles with which any party handling personal data must comply. All personal data must be:

  1. Processed lawfully, fairly, and in a transparent manner in relation to the data subject.
  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.
  3. Adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.
  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.
  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 GDPR in order to safeguard the rights and freedoms of the data subject.
  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.

 

  1. The Rights of Data Subjects

The GDPR sets out the following rights applicable to data subjects (please refer to the parts of this policy indicated for further details):

  1. The right to be informed (section 11).
  2. The right of access (section 12);
  3. The right to rectification (section 13);
  4. The right to erasure (also known as the ‘right to be forgotten’) (section 14);
  5. The right to restrict processing (section 15);
  6. The right to data portability (section 16);
  7. The right to object (section 17); and
  8. Rights with respect to automated decision-making and profiling (section 18). The company does not engage in automated decision making in relation to employee personal data.

 

  1. Lawful, Fair, and Transparent Data Processing

  1. The GDPR seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The GDPR states that processing of personal data shall be lawful if at least one of the following applies:
  1. The data subject has given consent to the processing of their personal data for one or more specific purposes;
  2. The processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract with them;
  3. The processing is necessary for compliance with a legal obligation to which the data controller is subject;
  4. The processing is necessary to protect the vital interests of the data subject or of another natural person;
  5. The processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller; or
  6. The processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
  1. If the personal data in question is “special category data” (also known as “sensitive personal data” (for example, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation), at least one of the following conditions must be met:
  1. The data subject has given their explicit consent to the processing of such data for one or more specified purposes.
  2. The processing is necessary for the purpose of carrying out the obligations and exercising specific rights of the data controller or of the data subject in the field of employment, social security, and social protection law (insofar as it is authorised by EU or EU Member State law or a collective agreement pursuant to EU Member State law which provides for appropriate safeguards for the fundamental rights and interests of the data subject);
  3. The processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
  4. The processing relates to personal data which is clearly made public by the data subject;
  5. The processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity;
  6. The processing is necessary for substantial public interest reasons, on the basis of EU or EU Member State law which shall be proportionate to the aim pursued, shall respect the essence of the right to data protection, and shall provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject;
  7. The processing is necessary for the purposes of preventative or occupational medicine, for the assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social care or treatment, or the management of health or social care systems or services on the basis of EU or EU Member State law or pursuant to a contract with a health professional, subject to the conditions and safeguards referred to in Article 9(3) of the GDPR;
  8. The processing is necessary for public interest reasons in the area of public health, for example, protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of EU or EU Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject (in particular, professional secrecy); or
  9. The processing is necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) of the GDPR based on EU or EU Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection, and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.

 

  1. Specified, Explicit, and Legitimate Purposes

  1. The Company collects and processes the personal data set out in this policy.  This includes:
  1. Personal data collected directly from employee data subjects
    .
  2. Personal data obtained from third parties.
  1. The specific purposes for which the Company collects, processes, and holds such personal data are set out in section 19 to 22 of this Policy (or for other purposes expressly permitted by the GDPR).
  2. Employee data subjects are kept informed at all times of the purpose or purposes for which the Company uses their personal data. Please refer to section 11 for more information on keeping data subjects informed.

 

  1. Adequate, Relevant, and Limited Data Processing

The Company will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which employee data subjects have been informed (or will be informed) as under Part 5, above, and as set out in Parts 21 to 25, below.

 

  1. Accuracy of Data and Keeping Data Up-to-Date

  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 an employee data subject, as set out in section 13, below.
  2. The accuracy of personal data shall be checked when it is collected and at regular 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.
     

 

  1. Data Retention

  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.
  2. When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.

For full details of the Company’s approach to data retention, and retention periods for specific personal data types is shown below in the table.


Type of record

Retention period

Where is it stored?

Reason

Method of deletion

Employment records:

 

PAYE records

5 years from end of fiscal year

Head office

Legal obligation

Shredding/Deleting

Maternity paternity pay records

3 years from end of fiscal year

Head office

Legal obligation

Shredding/Deleting

Unsuccessful candidates

6 months after last action

Head office

Legal obligations

Shredding/Deleting

Immigration/Right to work checks

Two years after the termination of employment

Head office

Legal obligations

Shredding/Deleting

Accident report forms

3 years after last action

Head office

Legal obligations

Shredding/Deleting

Parental leave records

5 years from birth of child

Head office

Legal obligations

Shredding/Deleting

Employment records: redundancy, equal opportunities; equal pay records/health & welfare records

6 years after last action

Head office

Legal obligation

Shredding/Deleting

Employees that left the business: emergency contacts and bank account details

Delete one month after making final salary payment

 

 

 

Pay & tax: pay deductions, tax forms, payroll, loans

6 years after last action

Head office

Legal obligations

Shredding/Deleting

Records of formal disciplinary actions and/or grievance actions in employee file

6 years after last action

Head office

Legal obligations

Shredding/Deleting

Subject access requests/exercise of other GDPR rights

12 months from the date of request

Head office

Legal obligations

Shredding/Deleting

 

Email records:

 

Email correspondence

Archive emails after 12 months

Desktops computers and laptops

Contract and legal obligation

IT service provider secure archiving

 

  1. Secure Processing

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.

 

  1. Accountability and Record-Keeping

  1. The Company’s Data Protection Officer is Debbie Parkinson.
  2. The Data Protection Officer shall be responsible, working together with the management team for overseeing the implementation of this Policy and for monitoring compliance with this Policy to ensure that the Company continues to meet its data protection obligations.
  3. The Company shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:
  1. The name and details of the Company, its Data Protection Officer, and any applicable third-party data processors.
  2. The purposes for which the Company collects, holds, and processes personal data.
  3. Details of the categories of personal data collected, held, and processed by the Company, and the categories of employee data subject to which that personal data relates.
  4. Details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards.
  5. Details of how long personal data will be retained by the Company (please refer to pages 5 & 6 in this policy).
  6. Detailed descriptions of all technical and organisational measures taken by the Company to ensure the security of personal data.

 

  1. Keeping Data Subjects Informed

  1. The Company shall provide the information set out in sections 11.1 & 11.2 to every employee data subject:
  1. Where personal data is collected directly from employee data subjects, those employee data subjects will be informed of its purpose at the time of collection.
  2. Where personal data is obtained from a third party, the relevant employee data subjects will be informed of its purpose:
  1. if the personal data is used to communicate with the employee data subject, when the first communication is made;
  2. if the personal data is to be transferred to another party, before that transfer is made;
  3. as soon as reasonably possible and in any event not more than one month after the personal data is obtained.
  1. The following information shall be provided:
  1. Details of the Company including, but not limited to, the identity of its Data Protection Officer;
  2. The purpose(s) for which the personal data is being collected and will be processed (as detailed in sections 19 to 22 of this Policy) and the legal basis justifying that collection and processing;
  3. Where applicable, the legitimate interests upon which the Company is justifying its collection and processing of the personal data;
  4. Where the personal data is not obtained directly from the employee data subject, the categories of personal data collected and processed;
  5. Where the personal data is to be transferred to one or more third parties, details of those parties;
  6. Where the personal data is to be transferred to a third party that is located outside of the European Economic Area (the “EEA”), details of that transfer, including but not limited to the safeguards in place.
  7. Details of data retention;
  8. Details of the employee data subject’s rights under the GDPR;
  9. Details of the employee data subject’s right to withdraw their consent to the Company’s processing of their personal data;
  10. Details of the employee data subject’s right to complain to the Information Commissioner’s Office (the “supervisory authority” under the GDPR);
  11. Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it; and
  12. Details of any automated decision-making or profiling that will take place using the personal data, including information on how decisions will be made, the significance of those decisions, and any consequences.

 

 

 

 

  1. Data Subject Access

  1. Employee 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.
  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 Head Office.
  3. Responses to SARs shall 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 employee data subject shall be informed.
  4. All SARs received shall be handled by the Company’s Data Protection Officer.
  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 an employee data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.

 

  1. Rectification of Personal Data

  1. Employee data subjects have the right to require the Company to rectify any of their personal data that is inaccurate or incomplete.
  2. The Company shall rectify the personal data in question, and inform the employee data subject of that rectification, within one month of the employee 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 employee data subject shall be informed.
  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.

 

  1. Erasure of Personal Data

  1. Employee data subjects have the right to request that the Company erases the personal data it holds about them in the following circumstances:
  1. It is no longer necessary for the Company to hold that personal data with respect to the purpose(s) for which it was originally collected or processed;
  2. The employee data subject wishes to withdraw their consent to the Company holding and processing their personal data;
  3. The employee data subject objects to the Company holding and processing their personal data (and there is no overriding legitimate interest to allow the Company to continue doing so).
  4. The personal data has been processed unlawfully;
  5. The personal data needs to be erased in order for the Company to comply with a particular legal obligation.
  1. Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the employee data subject informed of the erasure, within one month of receipt of the employee 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 employee data subject shall be informed.
  2. In the event that any personal data that is to be erased in response to an employee 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).

 

  1. Restriction of Personal Data Processing

  1. Employee data subjects may request that the Company ceases processing the personal data it holds about them. If an employee 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.
  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).

 

  1. Data Portability

  1. The Company does not process personal data relating to employees using automated means. However, employee data subjects may request to receive a copy of their data and can request its transmission to another data controller.  This only applies in very limited circumstances.
  2. Where technically feasible, if requested by an employee data subject, personal data shall be sent directly to the required data controller.
  3. To facilitate the right of data portability, the Company shall make available all applicable personal data to employee data subjects in the following format:
  1. Zipped files with password protection;
  1. All requests for copies of personal data shall be complied with within one month of the employee 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 employee data subject shall be informed.

 

  1. Objections to Personal Data Processing

  1. Employee data subjects have the right to object to the Company processing their personal data based on legitimate interests, direct marketing, and processing for scientific and/or historical research and statistics purposes.
  2. Where an employee 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 employee data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.
  3. Where an employee data subject objects to the Company processing their personal data for direct marketing purposes, the Company shall cease such processing immediately.
  4. Where an employee data subject objects to the Company processing their personal data for scientific and/or historical research and statistics purposes, the employee data subject must, under the 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.

 

  1. Automated Decision-Making

  1. The Company does not use personal data in automated decision-making processes with respect to its employees.

 

  1. Personal Data

The Company holds personal data that is directly relevant to its employees. That personal data shall be collected, held, and processed in accordance with employee data subjects’ rights and the Company’s obligations under the GDPR and with this Policy. The Company may collect, hold, and process the personal data detailed in section 19 to 22 of this Policy:

  1. Identification information relating to employees is set out in the privacy statement issued to all employees.  We process a range of personal information, including name, contact details, next to kin, bank details, etc.
  2. Health records:
  1. Details of sick leave; information about disabilities, medical conditions; details of statutory sick ay etc.
  1. Employment records:
  1. Interview notes application forms CVs; details of remuneration including salaries, pay increases, bonuses, commission, overtime, benefits, and expenses; performance reviews; records of disciplinary and grievance matters.

 

  1. Health Records

  1. The Company holds health records for some employee data subjects which are used to assess the health, wellbeing, and welfare of employees and to highlight any issues which may require further investigation. In particular, the Company places a high priority on maintaining health and safety in the workplace, on promoting equal opportunities, and on preventing discrimination on the grounds of disability or other medical conditions. In most cases, health data on employees falls within the GDPR’s definition of special category data (see section 4 of this Policy for a definition). Any and all data relating to employee data subjects’ health, therefore, will be collected, held, and processed strictly in accordance with the guidelines in this policy. No special category personal data will be collected, held, or processed without the relevant employee data subject’s express consent.
  2. Health records shall be accessible and used only under the direction of one of the Company directors and shall not be revealed to other employees, agents, contractors, or other parties working on behalf of the Company without the express consent of the employee data subject(s) to whom such data relates.
  3. Health records will only be collected, held, and processed to the extent required to ensure that employees are able to perform their work correctly, legally, safely, and without unlawful or unfair impediments or discrimination.
  4. Employee data subjects have the right to request that the Company does not keep health records about them. All such requests must be made in writing and addressed to the Data Protection Officer.

 

  1. Benefits

  1. In cases where employee data subjects are enrolled in benefit schemes which are provided by the Company, it may be necessary from time to time for third party organisations to collect personal data from relevant employee data subjects.
  2. Prior to the collection of such data, employee data subjects will be fully informed of the personal data that is to be collected, the reasons for its collection, and the way(s) in which it will be processed, as per the information requirements set out in Part 12 of this Policy.
  3. The Company shall not use any such personal data except insofar as is necessary in the administration of the relevant benefits schemes.
  4. The following schemes are available to employees. Please note that not all schemes may be applicable to all employees:
  1. Kent Council Local Government Pension Scheme
  2. National Employment Savings Trust

Should you wish to have further information, please contact Debbie Parkinson. The following personal data may be collected, held, and processed:

  1. To ensure we can process your pension entitlements we need to share personal data such as name/address/DOB/salary and pension contributions etc.

 

  1. Employee Monitoring

  1. The Company may from time to time monitor the activities of employee data subjects. Such monitoring may include, but will not necessarily be limited to, internet and email monitoring. In the event that monitoring of any kind is to take place (unless exceptional circumstances, such as the investigation of criminal activity or a matter of equal severity, justify covert monitoring), employee data subjects will be informed of the exact nature of the monitoring in advance.
  2. Monitoring will only take place if the Company considers that it is necessary to achieve the benefit it is intended to achieve. Personal data collected during any such monitoring will only be collected, held, and processed for reasons directly related to (and necessary for) achieving the intended result and, at all times, in accordance with employee data subjects’ rights and the Company’s obligations under the GDPR.
  3. The Company shall ensure that there is no unnecessary intrusion upon employee data subjects’ personal communications or activities, and under no circumstances will monitoring take place outside of an employee data subject’s normal place of work or work hours, unless the employee data subject in question is using Company equipment or other facilities provided for the employee’s use.

 

  1. Data Security – Transferring Personal Data and Communications

The Company shall ensure that the following measures are taken with respect to all communications and other transfers involving personal data (including, but not limited to, personal data relating to employees):

  1. All emails containing personal data must be marked “confidential”;
  2. Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances;
  3. Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;
  4. 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;
  5. 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”.

 

  1. Data Security – Storage

The Company shall ensure that the following measures are taken with respect to the storage of personal data (including, but not limited to, personal data relating to employees):

  1. All electronic copies of personal data should be stored securely using passwords.
  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;
  3. All personal data stored electronically should be backed up at least monthly.
  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 approval of the Data Protection Officer, 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.
  5. No personal data should be transferred to any device personally belonging to an employee 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 GDPR.

 

  1. Data Security – Disposal

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 as outlined in pages 5 & 6 of this policy.

 

  1. Data Security – Use of Personal Data

The Company shall ensure that the following measures are taken with respect to the use of personal data:

  1. No personal data may be shared informally and if an employee, agent, sub-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 Debbie Parkinson.
  2. No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Company or not, without the authorisation of Debbie Parkinson.
  3. Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, sub-contractors, or other parties at any time.
  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.
  5. Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of Debbie Parkinson to ensure that the appropriate consent is obtained.

 

  1. Data Security – IT Security

The Company shall ensure that the following measures are taken with respect to IT and information security:

  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.
  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.
  3. No software may be installed on any Company-owned computer or device without the prior approval of the Debbie Parkinson.

 

  1. Organisational Measures

The Company shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:

  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 the GDPR and under this Policy and shall be provided with a copy of this Policy.
  2. Only employees, agents, sub-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.
  3. All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately trained to do so;
  4. All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately supervised.
  5. 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.
  6. Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed to ensure that there are justified reasons for retaining the personal data.
  7. 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.
  8. 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 the GDPR and this Policy by contract.
  9. 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 the GDPR.
  10. 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.

 

  1. Transferring Personal Data to a Country Outside the EEA

  1. The Company does not envisage transferring personal data to countries outside of the EEA.

 

  1. Data Breach Notification

  1. All personal data breaches must be reported immediately to the Company’s Data Protection Officer, Debbie Parkinson or in her absence, another director.
  2. If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of employee 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.
  3. In the event that a personal data breach is likely to result in a high risk to the rights and freedoms of employee data subjects, the Data Protection Officer must ensure that all affected employee data subjects are informed of the breach directly and without undue delay.
  4. Data breach notifications shall include the following information:
  1. The categories and approximate number of employee data subjects concerned.
  2. The categories and approximate number of personal data records concerned.
  3. The name and contact details of the Company’s Data Protection Officer (or other contact point where more information can be obtained).
  4. The likely consequences of the breach.
  5. Details of the measures taken, or proposed to be taken, by the Company to address the breach including, where appropriate, measures to mitigate its possible adverse effects.

 

  1. Implementation of Policy

This Policy shall be deemed effective as of 31st July 2024. 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:

Name:

Debbie Parkinson

Position:

Director

Date:

31st July 2024

Due for Review by:

Trudy Stroud

Review Due Date:

31st July 2025