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Data Protection: How to avoid fines.

Last year, the Information Commissioners Office (ICO)  annual report revealed that they enforced fines totalling over 1 million pounds for companies for non-compliance. Whereas historically the collection of data and its use was quite casual in the UK with the creation of the ICO there are now very strict rules on what you can and cannot do. It is more vital than ever to check your procedures.

Do you sell products over the internet? If the answer is yes, then you legally need terms and conditions and a privacy policy.

So, where should you start?

Firstly, make sure your terms and conditions are up to date.  For example, the law has changed on how long a customer can hold a product before he/she can return it and receive a refund.  If you do not get it right then they can return it over a year later and you still have to refund them!

Secondly, check your privacy policy.  Ask yourself how do you collect data, where does the data go to (within EU or outside EU), what do you do with the data and finally do you have permission from the customer to use that data for marketing?

With the ICO carrying out random spot checks on all companies including SME’s it is vital that you are compliant otherwise  a monetary fine is possible.  In addition, all it would take it is one disgruntled customer to complain to the ICO for your abuse of their data and you could be investigated.

If you would like a health check of your terms and conditions and privacy policy please get in contact with Sam Freeman on 01202 557256 or by email at s.freeman@laceyssolicitors.co.uk.

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