GDPR Policy

Introduction to this policy

This GDPR policy ensures PVTL Digital Limited:

Complies with data protection law and follows good practice
Protects the rights of staff, clients and partners

Is open about how it stores and processes individuals’ data
Protects itself from data protection risks such as breaches of confidentiality, failure to offer choice and reputational damage

This policy applies to:

PVTL Digital Limited’s Office: Studio 3-4, Pivotal House, Norwich, Norfolk, United Kingdom, NR1 3TB

All staff of PVTL Digital Limited
All contractors, suppliers and other people working on behalf of PVTL Digital Limited

The General Data Protection Regulation (GDPR) replaces the Data Protection Act 1998 from 25th May 2018. It applies to both data controllers and data processors, which have day-to-day responsibility for data protection.

A controller is a natural or legal person, public authority, agency or any other body that, alone or jointly with others, determines the purposes and means of processing personal data.

A processor is a natural or legal person, public authority, agency or any other body that processes personal data on behalf of the controller.

The data subject is the individual who is the subject of the relevant personal data.

The GDPR applies to personal data meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier. This definition provides for a wide range of personal identifiers to constitute personal data, including name, identification number, location data or online identifier, reflecting changes in technology and the way organisations collect information about people.

Personal data that has been pseudonymised can fall within the scope of the GDPR, depending on how difficult it is to attribute the pseudonym to a particular individual.

The GDPR applies to both automated personal data and to manual filing systems where personal data are accessible according to specific criteria. This could include chronologically ordered sets of manual records containing personal data.

The GDPR refers to sensitive personal data as special categories of personal data. The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual.

The GDPR does not apply to data that are rendered anonymous in such a way that individuals cannot be identified from the data.

Principles of GDPR

Article 5 of the GDPR

Under the GDPR, the data protection principles set out the main responsibilities for organisations. The principles are similar to those in the Data Protection Act, with added detail at certain points and a new accountability requirement. Article 5 of the GDPR requires that personal data shall be:

Processed lawfully, fairly and in a transparent manner in relation to individuals;
Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that inaccurate personal data, having regard to the purposes for which they are processed, are erased or rectified without delay;
Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed;
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.

The accountability principle

Article 5(2) requires that “the controller shall be responsible for, and be able to demonstrate, compliance with the principles.” The new accountability principle requires organisations to show how they comply with the principles of GDPR. This can be done by:

Maintaining relevant documentation on processing activities
Implementing appropriate technical and organisational measures that ensure and demonstrate compliance
Implementing internal data protection policies such as staff training, internal audits of processing activities, and reviews of internal HR policies
Implement measures that meet the principles of data protection by design and data protection by default

Data protection by design is an approach that promotes privacy and data protection compliance from the start. Privacy and data protection should be a key consideration in the early stages of any project, and then throughout its lifecycle. For example, when:

Building new IT systems for storing or accessing personal data
Developing legislation, policy or strategies that have privacy implications
Embarking on a data-sharing initiative
Using data for new purposes

Lawfulness of processing conditions

Under the GDPR, there is a requirement to have a valid lawful basis to process personal data. There are six available lawful bases for processing set out in Article 6 of the GDPR:

Consent: the data subject has given clear unambiguous consent for their personal data to be processed for a specific purpose
Contract: processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract
Legal obligation: processing is necessary for compliance with a legal obligation
Vital interests: processing is necessary to protect the vital interests of a data subject or
another individual
Public task: 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 controller
Legitimate interests: processing is necessary for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject

Our lawful bases for processing

Our lawful basis for processing clients' personal data is that processing is necessary to perform or enter into the contract we have with them to undertake accounting, audit, payroll, bookkeeping and related services, as outlined in their engagement letter and the terms of business.

Our lawful basis for processing employees' personal data is that processing is necessary to perform or enter into the employment contract we have with them.

Our lawful basis for processing employees' personal data regarding PAYE, pension contributions and other personal data shared with HMRC is that processing is necessary for compliance with the law.

Our lawful basis for holding the personal data of potential employees/candidates is that we have a legitimate interest in deciding whether to recruit them. Should a candidate be unsuccessful, this legitimate interest will cease to exist, and any personal data held on unsuccessful candidates must be deleted/destroyed within three months, as agreed by the directors unless the candidate requests that their personal data be kept for future opportunities.

We will only process personal data in relation to marketing activities if we have clear consent from the data subject. This covers contacting clients regarding:

Networking and similar events
Newsletters and updates

Cloud-based software and other applications that we believe could be of interest to you

We are under a legal obligation to hold company and accounting records (on behalf of our clients) for 6 years from the end of the last company financial year they relate to, or longer if:

They show a transaction that covers more than one of the company’s accounting periods
The company has bought something that it expects to last more than 6 years, like equipment or machinery

The Company Tax Return was sent late
HMRC has started a compliance check into the Company Tax Return

We therefore have a legal obligation to hold personal data relating to these company records for approximately 7 years. We may keep these records for longer than 7 years if we have a legitimate interest to do so. Payroll records will be kept for 7 years, as agreed by the directors.

Data controllers and data processors

The GDPR applies to data controllers and data processors. A controller determines the purposes and means of processing personal data. A processor is responsible for processing personal data on behalf of a controller.

Obligations as the data controller

When processing personal information for accounting, auditing, taxation and related services, PVTL Digital Limited acts as the data controller and will, therefore, comply with the following obligations:

Controllers are liable for their compliance with the GDPR and must only appoint processors who can provide ‘sufficient guarantees’ that the requirements of the GDPR will be met and the rights of data subjects protected
Whenever the data controller uses a data processor, it needs to have a written contract in place
The data controller must ensure that written contracts between data controllers and processors comply with GDPR. Contracts must include the following details:

The subject matter and duration of the processing

The nature and purpose of the processing
The type of personal data and categories of data subject  The obligations and rights of the controller
The obligations of the processor
As a matter of good practice, contracts should state that nothing within the contract relieves the data processor of its direct responsibilities and liabilities under the GDPR.

As a matter of good practice, contracts should reflect any indemnity that has been agreed.

Data controllers must record and report any serious data breaches to the Information.
Commissioner’s Office (ICO)
Controllers have a legal obligation to give effect to the rights of data subjects.

Obligations as the data processor

For services such as payroll and auto-enrolment, where PVTL Digital Limited processes personal data on behalf of its client, the company acts as the data processor, and the client acts as the data controller. PVTL Digital Limited will, therefore, comply with the following obligations placed on it as the data processor under the GDPR:

The data processor must have adequate security measures in place for processing personal data
The data processor must only act on the documented instruction of the data controller unless required by law to act without such instruction
The data processor must ensure that the people processing the data are subject to a duty of confidence
The data processor will only engage a sub-processor with the prior consent of the data controller and a written contract
The data processor will assist the data controller in meeting their GDPR obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments

The data processor must maintain records of personal data and data processing activities
The data processor must inform the data controller if it becomes aware of any breach of personal data
The processor must assist the data controller in providing subject access and allowing data subjects to exercise their rights under the GDPR

Description of our processing activities

Each controller must keep records of its processing activities, including:

the contact details of the controller/representative;
the purposes of the processing;
the categories of data subjects and personal data processed;

the categories of recipients with whom the data may be shared;
information regarding Cross-Border Data Transfers;
the applicable data retention periods, and
A description of the security measures implemented with respect to the processed data.

Upon request, these records must be disclosed to data protection authorities.

PVTL Digital Limited processes personal information to:

Provide accounting, auditing, taxation, auto-enrolment and related services
Maintain its own accounts
Support and manage its employees

Process its own payroll

The company processes personal information about customers, clients, advisers, and other professional experts and employees. This information may include:

Personal details
Family, lifestyle and social circumstance

Goods and services
Financial details
Education details
Employment details

PVTL Digital Limited also processes sensitive classes of information that may include:

Physical or mental health details
Racial or ethnic origin
Religious or other beliefs
Trade union membership

PVTL Digital Limited’s processing activities do not involve automated decision-making or profiling.

Sharing personal information

The company may need to share the personal information it processes with the individual themselves and also with other organisations. Where this is necessary, the company is required to comply with all aspects of the GDPR. Where necessary or required, the company shares information with:

Business associates, professional advisers
Family, associates and representatives of the person whose personal data is being processed
Suppliers
Local and central government

Financial organisations
Ombudsmen and regulatory authorities
Credit reference and debt collection agencies
Healthcare professionals, social and welfare organisations
Current, past or prospective employers

Examining bodies
Service providers

Transferring personal information overseas

It may sometimes be necessary to transfer personal information overseas. When this is needed, information is only shared within the European Economic Area (EEA). Any transfers made will fully comply with all aspects of the GDPR.

Retention of personal data

It has been agreed that personal data held on clients, including data within accounts, taxation and payroll records, will be kept by the company for 7 years after:

The date at which the client ceases to be our client; or
The date on which the client’s last return to HMRC was submitted

After this, the records will be deleted/destroyed.

However, the company may keep clients’ records for longer than 7 years if it believes it has a legitimate interest/reason to do so.

Any personal data held on potential employees/candidates who prove unsuccessful will be deleted/destroyed within three months.

Retention periods for personal data held on employees vary according to the category of data. Retention of personal data held on employees is not outlined in this policy document; details can be obtained from the board.

The rights of data subjects

The GDPR provides the following rights for individuals:

The right to be informed
The right of access
The right to rectification
The right to erasure
The right to restrict processing
The right to data portability
The right to object
Rights in relation to automated decision-making and profiling

Right to be informed

We must provide ‘fair processing information’, typically through a privacy notice or policy document. The information that must be supplied includes:

Identity and contact details of the data controller
Purpose of the processing and the lawful basis for the processing
The legitimate interests of the controller
Any recipient or categories of recipients of the personal data
Retention periods

The rights of the data subjects
The existence of any automated decision-making and profiling

If the data is obtained directly from the data subject, the information should be provided at the time the data is obtained. If the data is not obtained directly from the data subject, the information should be provided:

Within one month of obtaining the data

When the first communication takes place
Before the data is disclosed to another recipient if disclosure to another recipient is envisaged

The information we supply individuals about the processing of personal data must be:

Concise, transparent, intelligible and easily accessible

Written in clear and plain language
Free of charge

Right of access

Individuals have the right to access their personal data and supplementary information. The right of access allows individuals to be aware of and verify the lawfulness of the processing.

The company must provide a copy of the information free of charge. However, it can charge a ‘reasonable fee’ when a request is manifestly unfounded or excessive, mainly if it is repetitive.

Information must be provided without delay and, at the latest, within one month of receiving the request. The company can extend the period of compliance by two months when requests are complex or numerous.

The company must verify the identity of the person making the request using ‘reasonable means’. If the request is made electronically, the company should provide the information in a commonly used electronic format.

Where requests are manifestly unfounded or excessive, the company can:

Charge a reasonable fee based on administrative costs; or

Refuse to respond.

If the company refuses to respond to a request, it must explain why to the individual, informing them of their right to complain to the supervisory authority and to a judicial remedy without undue delay and at the latest within one month.

Right to rectification

Individuals are entitled to have personal data rectified if it is inaccurate or incomplete.

If the company has disclosed the personal data to others, it must contact each recipient and inform them of the rectification unless this proves impossible or involves disproportionate effort.

A request for rectification must be responded to within one month. This can be extended by two months when the request is complex.

Right to erasure / Right to be forgotten

The right to erasure enables an individual to request the deletion or removal of personal data without a compelling reason for its continued processing.

Individuals have a right to have personal data erased and to prevent processing in specific circumstances:

Where the personal data is no longer necessary in relation to the purpose for which it was initially collected/processed
When the individual withdraws consent
When the individual objects to the processing and there is no overriding legitimate interest in continuing the processing
The personal data was unlawfully processed.
The personal data has to be erased to comply with a legal obligation
The personal data is processed in relation to the offer of information society services to a child

There are some specific circumstances where the right to erasure does not apply, and the company can refuse to deal with a request. This is where the personal data is processed:

To exercise the right of freedom of expression and information;
To comply with a legal obligation for the performance of a public interest task or exercise of official authority;
For public health purposes in the public interest;
For archiving purposes in the public interest, scientific research, historical research statistical purposes; or
For the exercise or defence of legal claims.

If the company has disclosed the personal data to others, it must contact each recipient and inform them of the erasure of the personal data – unless this proves impossible or involves disproportionate.

Right to restrict processing

Individuals have a right to ‘block’ or suppress processing of personal data. When processing is restricted, the company is permitted to store the personal data, but not further process it. The company can retain just enough information about the individual to ensure that the restriction is respected in future.

The company will be required to restrict the processing of personal data in the following circumstances:

Where an individual contests the accuracy of the personal data, the company should restrict the processing until it has verified the accuracy of the personal data
Where an individual has objected to the processing (where it was necessary for the performance of a public interest task or purpose of legitimate interests), and the company is considering whether its legitimate grounds override those of the individual.
When processing is unlawful, and the individual opposes erasure and requests restriction instead
If the company no longer needs the personal data but the individual requires the data to establish, exercise or defend a legal claim

If the company has disclosed the personal information to others, it must contact each recipient and inform them of the restriction on the processing of the personal data – unless this proves impossible or involves disproportionate effort. The company must inform individuals when it decides to lift a restriction on processing.

Right to data portability

The right to data portability allows individuals to obtain and reuse their data for their own purposes across different services. It allows them to move, copy or transfer personal data easily from one IT environment to another in a safe and secure way, without hindrance to usability. The company must provide the personal data in a structured, commonly used and machine-readable form. This should enable other data controllers to use the data.

The information must be provided free of charge. The company must respond without undue delay and within one month.

Right to object

Individuals have the right to object to:

Processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling);

Direct marketing (including profiling); and
Processing for purposes of scientific/historical research and statistics

Individuals must have an objection on “grounds relating to his or her particular situation”. The company must stop processing the personal data unless:

It can demonstrate compelling legitimate grounds for the processing, which override the interests, rights and freedoms of the individual or

The processing is for the establishment, exercise or defence of legal claims.

The company must inform individuals of their right to object “at the point of first communication” and in their privacy notice. This must be “explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information”.

The company must stop processing personal data for direct marketing purposes as soon as it receives an objection. There are no exemptions or grounds to refuse.

If the company’s processing activities are carried out online, it must offer a way for individuals to object online.

Rights in relation to automated decision-making and profiling

The GDPR has provisions on automated decision-making (making a decision solely by automated means without any human involvement) and profiling (automated processing of personal data to evaluate certain things about an individual).

Organisations can only carry out this type of decision-making where the decision is:

Necessary for the entry into or performance of a contract; or

Authorised by Union or Member state law applicable to the controller; or
Based on the individual’s explicit consent.

PVTL Digital Limited confirms its processing activities do not involve automated decision-making or profiling.

Our Responsibilities

Everyone who works for or with PVTL Digital Limited has some degree of responsibility for ensuring data is collected, stored and handled appropriately. Each team that handles personal data must ensure that it is handled and processed in line with this policy and data protection principles. The board of directors is ultimately responsible for ensuring that PVTL Digital Limited meets its legal obligations.

Key areas of responsibility

The board must be kept updated about GDPR responsibilities, risks and issues
The company must demonstrate compliance with the data protection principles and GDPR
The company should implement appropriate technical and organisational measures to ensure and to demonstrate that processing activities are compliant with the GDPR
All data protection procedures and related policies will be reviewed every three years, as agreed by the directors
Training and advice on data protection should be arranged for the people covered by this policy
The data protection representative, Tait Pollack, should handle data protection questions from staff and anyone else covered by this policy
The organisation should deal with requests from individuals such as right of access or right to be forgotten
The organisation should address any data protection queries from journalists or the media
Any third-party services the organisation is considering using to store or process data should be evaluated
Contracts with third parties and processors that may handle the company’s sensitive data should be checked and reviewed

All systems, services and equipment used for storing data must meet acceptable security standards
Regular checks and scans should be performed to ensure security hardware and software is functioning properly
Data protection statements attached to communications such as emails should be approved and updated when necessary
Marketing initiatives should abide by GDPR principles
Adequate data protection procedures should be in place for when an employee leaves
Data breaches should be recorded, serious data breaches should be reported to the ICO and high-risk breaches should be reported to the affected data subjects
Following any breaches, the company should review the adequacy of its security measures
The company should make sure individuals are aware that their data is being processed, how the data is being used and how to exercise their rights
The company must have a lawful basis for all processing activities
The company should make sure this policy document is made available to potential and existing clients and employees
The company must ensure they continue to be registered as a data controller with the ICO

Practical Security Measures

Pivotal House Office

The building is alarmed outside of office hours
Visitors can only enter with authorisation from reception
Employees require office keys to enter the building
The reception area is not left unattended if there are visitors in the building
Cleaners are subject to a duty of confidence and must sign a confidentiality agreement

General Staff Guidelines

Employees should keep all data secure by taking sensible precautions and following the guidelines below
PVTL Digital Limited will provide training to all employees to help them understand their responsibilities
Employees should request help from the data protection representative, Tait Pollack, if they are unsure about any aspect of data protection

The only people able to access data covered by this policy should be those who need it for their work
Personal data should not be disclosed to unauthorised people, either within the company or externally
Employees should only process personal data electronically from the company’s remote desktop and keep their credentials secure
Employees must maintain their duty of confidence as outlined in their confidentiality agreements

Data Storage

Servers containing personal data should be sited in a secure location, away from general office space
Data should be backed up frequently and these backups should be tested regularly
All servers and computers containing data should be protected by approved security software
and a firewall
When data is stored electronically, it must be protected from unauthorised access, accidental
deletion and malicious hacking attempts

Data should never be saved directly to laptops or other mobile devices like tablets or smart phones
Employees should not save copies of personal data to their own computers or the normal desktop
Payroll details held electronically should be password protected and payroll details held manually should be retained in files within a secure environment
Backups transferred to memory sticks should be password protected
Employees should keep memory sticks in a secure place when not in use

The company should keep account of the number of memory sticks in use; employees should limit how many memory sticks they use
Personal data stored on memory sticks should be protected as much as possible
Data stored on memory sticks should be cleared regularly
Personal data stored or printed out on paper should be kept in a secure location where unauthorised people cannot see it
Data printouts should be shredded and disposed of securely when no longer required

Data Use

When working from home or at clients’ premises, or if visitors are in the office, employees should ensure computer screens are locked when left unattended
Personal data should never be transferred outside of the European Economic Area
When using clients’ laptops in the office, employees should ensure access is restricted that laptops are kept locked away overnight

When using clients’ remote desktops, written consent must be given, and access must be restricted
When taking files and records containing personal data out of the office, employees should take reasonable measures to ensure the data is protected and that no unauthorised persons access the data
Employees should be encouraged to use lockable briefcases to take client’s personal files out of the building

Data Accuracy

It is the responsibility of all employees who work with data to take reasonable steps to ensure it is kept as accurate and up to date as possible
Staff should take every opportunity to ensure data is updated; data should be updated as inaccuracies are discovered
PVTL Digital Limited must make it easy for data subjects to update their information that is held by the company

Emailing Personal Data

In order to increase security of personal data, the company has agreed that documents containing clients’ personal data should not be emailed as email is not considered a secure method of communication
Clients have their own login and create their own password, making the process more secure
If a client wishes to use email communication for sharing such data, they should have a discussion with us
Attachments to emails containing personal data should be password protected or encrypted if this is possible

Procedures for when an employee leaves

Office keys must be returned
Office memory sticks must be returned
Ensure no files and records are still at the employee’s residence
Ensure no files are kept on the employee’s desktop at home
Remove employee access/login to remote desktop
Change passwords for HMRC portal logins
Redirect emails to a director
Check the employee cannot access work emails from their phone
Remove the employee’s Xero login, and remove credentials for any other cloud-base software used for clients’ data

Recording and Reporting A Data Breach

What constitutes a personal data breach?

A personal data breach means a breach of security leading to the destruction, loss, alteration, unauthorised disclosure of, or access to, personal data. This means that a breach is more than just losing personal data.

Recording a breach

All data breaches should be recorded internally, using our Data Protection Breach Report Form. This form should be completed by the member of staff who discovered the breach, a member of staff who has knowledge of the company’s data protection procedures in place, and the decision as to whether to report the breach must be signed off by the directors. Completing this form will assist the company when and if the breach is reported.

How do we decide whether to report a breach?

Each case must be considered on its own merits. Breaches that are considered by the company to be ‘serious’ should be reported to the Information Commissioner’s Office (ICO). The seriousness of a breach will depend on:

the potential detriment to data subjects
the volume of personal data lost/released / corrupted
the sensitivity of the data lost/released / corrupted

The potential detriment to individuals is the overriding consideration in deciding whether to report a breach of security. Detriment includes emotional distress as well as both physical and financial damage. Where there is significant actual or potential detriment as a result of a breach, whether due to the volume of data, its sensitivity or the combination of the two, there should be a presumption to report.

There is no need to report a breach if it is “unlikely to result in a risk to the rights and freedoms of natural persons”.

How do we report a breach?

The company has 72 hours from when it becomes aware of a reportable breach within which to report it.
Serious breaches should be reported to the ICO using the DPA security breach helpline on 0303 123 1113. To report the breach in writing, use the DPA security breach notification form (found on the ICO website www.ico.org.uk) and send it to casework@ico.org.uk or by post to Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. The ICO will then advise what to do next.

The company has agreed that serious breaches will be reported to the ICO by Tait Pollack. In his absence, serious breaches will be reported to the ICO by Hannah Payne.

Should we notify the affected data subject(s)?

If the breach is likely to result in a high risk of adversely affecting individuals’ rights and freedoms, the breach must also be reported to the affected individual(s) without undue delay.

The company has agreed that Tait Pollack will notify individuals in writing of a breach.