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Data Protection

We advise our clients on all aspects of compliance with data privacy laws. Data has now become one of the most heavily regulated environments for businesses to navigate. We provide our clients’ with solutions-orientated advice which helps mitigate their reputational and financial risks with regard to the potential mishandling of data.

We have substantial experience of designing, drafting, reviewing and updating internal policies as well as 3rd party contracts and supporting clients with data collection and consents, cross-border data transfers, liability and penalties, privacy by design, automated data processing and profiling and interactions with the relevant data protection authorities.

Our data protection team consists of specialists from a variety of complementary disciplines including employment, financial services, intellectual property, outsourcing, regulatory and litigation to deliver a comprehensive approach to our satisfy all our clients’ data protection needs.

Based on our experience we have a good understanding of our regulator’s approach which assists us in providing pragmatic risk-based advice.

Examples of our work in this area:

  •  Advising one of our employment clients on a highly contentious data subject access request made prior to a tribunal hearing.
  •  Engaging with the Office of the Information Commissioner to assist a client with an unusual set of circumstances which, provided the data protection officer with a conflict of interest.
  • Advising a financial services client on the use of various exemptions including management forecasts, negotiations and legal professional privilege.
  • Advising a large retail group on the process which law enforcement authorities must follow to safely allow the group to disclose personal data to these authorities.
  • Advising a large retail client on the data privacy issues in relation to using the images of children in their promotional materials. This complex bespoke advice involved dealing with issues of consent (the capturing and the storing of the consents), conducting of a data privacy impact assessment, advising on potential discussions with the Office of the Information Commissioner with regards to high-risk processing and advice on the digital age of consent.
  • Advising a client on the use of public street images within their marketing material and the data protection implications of showing peoples’ images without their consent.
  • Advising a client on the implications of a cross border transfer of special category data to the US.
  • Preparation and review of multiple privacy notices and data protection policies for our clients.
  • Providing advice to a new Data Protection Officer in relation to their duties under the Data Protection (Jersey) Law 2018.
  • Delivering multiple training sessions for staff and managers to understand their obligations under the Data Protection (Jersey) Law 2018.
  • Delivery of “Data as a weapon” a bespoke training session aimed at providing practical advice in relation to handling data subject access requests from employees or former employees.
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