The following wording in a short form template privacy notice is given as an example for use where you/your firm are acting as a data controller. It may not be applicable in every case or be in line with the method of operation of your practice and may consequently need addition or amendment.
It has been drafted on the basis that you/your firm will be collecting certain personal data (such as name and contact details) for the purpose of supplying your products and/or services; communicating with your clients in relation to those products and/or services; and undertaking marketing in relation to the products and services.
The provisions in this privacy notice should also correspond with the data protection provisions in your engagement letter; you should ensure that these documents correlate with one another. It should be read in conjunction with the explanatory notes in the guidance notes section
If you plan to use personal data for any new purposes, you must update your privacy information and proactively bring any changes to people’s attention..
1.ABOUT US AND THE PURPOSE OF THIS NOTICE
………………………………. insert your full name (“…………………..insert your trading name”, "we", “us”, “our” and “ours”) is ………………………….insert line about what your business does, for example “an accountancy and tax advisory firm”. We are [registered in England and Wales as [a limited liability partnership / company] under number: …………..insert number] and our registered office is at ……………..insert registered office address].
Modify accordingly the text if you are a sole trader or a partnership
For the purpose of the Data Protection Legislation and this notice, we are the ‘data controller’. This means that we are responsible for deciding how we hold and use personal data about you. We are required under the Data Protection Legislation to notify you of the information contained in this privacy notice.
We have appointed a [Data Protection Officer] [data protection manager] [Head of Privacy] [Other as applicable]. Our [Data Protection Officer] [data protection manager] [Head of Privacy] Other as applicable] is our Data Protection Point of Contact and is responsible for assisting with enquiries in relation to this privacy notice or our treatment of your personal data. Should you wish to contact our Data Protection Point of Contact you can do so using the contact details noted at paragraph 11(Contact Us), below.
2.THE KIND OF INFORMATION WE HOLD ABOUT YOU
The information we hold about you may include the following:
[your personal details (such as your name and/or address);]
[details of contact we have had with you in relation to the provision, or the proposed provision, of our services;]
[details of any services you have received from us;]
[our correspondence and communications with you;]
[information about any complaints and enquiries you make to us;]
[information from research, surveys, and marketing activities]
It is important that this is updated as necessary to reflect what data you/your firm processes. For example, you may wish to expand on this (depending on the services which you/your firm provides) to refer to information regarding national insurance numbers, tax codes, salary details etc.
3.HOW WE MAY COLLECT YOUR PERSONAL DATA
We obtain your personal data directly from you when:
[you request a proposal from us in respect of the services we provide;]
[you engage us to provide our services and also during the provision of those services;]
[you contact us by email, telephone, post [or social media] (for example when you have a query about our services);]
This is not an exhaustive list. You should review this wording and update it to reflect how you collect personal data to which the privacy notice relates
We may also obtain your personal data indirectly:
[from your employer][our client engages us to provide services and also during the provision of those services]
[from third parties and/or publicly available resources (for example, from your employer or from Companies House)]. if you collect personal data from specific third party sources and/or publicly available resources, these should be referenced here, together with the categories of personal data which are collected (e.g. contact details, bank details, pension details etc.)
4.HOW WE USE PERSONAL DATA WE HOLD ABOUT YOU
We may process your personal data for purposes necessary for the performance of our contract with [you] [your employer] [our clients] and to comply with our legal obligations. This may include processing your personal data where you are an employee, subcontractor, supplier or customer of our client
We may also process your personal data for the purposes of our own legitimate interests provided that those interests do not override any of your own interests, rights and freedoms which require the protection of personal data. This includes processing for [marketing, business development, statistical and management purposes]. specify the nature
Please note that we may process your personal data for more than one lawful basis depending on the specific purpose for which we are using your data.
Situations in which we will use your personal data
We may use your personal data in order to:
[carry out our obligations arising from any agreements entered into between [you] [your employer] [our clients] and us (which will most usually be for the provision of our services);]
[carry out our obligations arising from any agreements entered into between our clients and us (which will most usually be for the provision of our services) where you may be a subcontractor, supplier or customer of our client;]
[provide you with information related to our services and our events or seek your thoughts and opinions on the services we provide;] and
[notify you about any changes to our services.]
You may want to expand upon the wording contained in the template to cover in further detail:
The purpose or activity to which the processing relates;
The types of data you are processing in relation to that purpose or activity (for example, contact details, professional details); and
The lawful basis for such processing (for example, to perform the contract or on the basis of your legitimate interest).
In some circumstances we may anonymise or pseudonymise the personal data so that it can no longer be associated with you, in which case we may use it without further notice to you.
We may also process your personal data without your knowledge or consent, in accordance with this notice, where we are legally required or permitted to do so.
We will only retain your personal data for as long as is necessary to fulfil the purposes for which it is collected.
When assessing what retention period is appropriate for your personal data, we take into consideration the requirements of our business and the services provided, any statutory or legal obligations and the purposes for which we originally collected the personal data.
Change of purpose
Where we need to use your personal data for a reason, other than the purpose for which we originally collected it, we will only use your personal data where that reason is compatible with the original purpose. If we need to use your data for a new purpose we will notify you and communicate our legal basis for this new processing.
We will share your personal data with third parties where we are required by law, where it is necessary to administer the relationship between us or where we have another legitimate interest in doing so. This may include sharing your personal data with a regulator or to otherwise comply with the law.
“Third parties” includes third-party service providers [and other entities within our group] [the members of our firm’s network]. The following activities are carried out by third-party service providers: [IT [and cloud] services, professional advisory services, administration services, marketing services and banking services adapt as relevant]. We only permit our third-party service providers to process your personal data for specified purposes and in accordance with our instructions
We may share your personal data with other third parties, for example in the context of the possible sale or restructuring of the business. We may also need to share your personal data with a regulator or to otherwise comply with the law.
6.TRANSFERRING PERSONAL DATA OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)
[We will not transfer the personal data we collect about you outside of the EEA.]
[We will transfer the personal data we collect about you to the following [country] [countries] outside of the EEA: ……….please insert in order to perform our contract with you.
There is an adequacy decision by the European Commission in relation to [these countries] [this country] therefore [it] [they] will be deemed to provide an adequate level of protection for your personal information for the purpose of the Data Protection Legislation.]
[As there is not an adequacy decision by the European Commission in relation to [……insert country] [the following countries: …………please insert], [they] [it] will not be deemed to provide an adequate level of protection for your personal information for the purpose of the Data Protection Legislation.
We have put in place the following measure[s] to ensure that your personal data is treated by those third parties in a way that is consistent with and which respects the Data Protection Legislation, as follows: ……………specify measure(s), for example, binding corporate rules OR model contract clauses.
More detail on Adequacy Decisions by the European Commission are available here
Should you require further information about [this][these] protective measure[s], [please contact us using the contact details outlined below] [it is available [on the internet ………….provide link here].]
We have put in place commercially reasonable and appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
8.RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION
Your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current. Should your personal information change, please notify us of any changes of which we need to be made aware by contacting us, using the contact details below.
Your rights in connection with personal data
Under certain circumstances, by law you have the right to:
Request access to your personal data. This enables you to receive details of the personal data we hold about you and to check that we are processing it lawfully.
Request correction of the personal data that we hold about you.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing (see below).
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this basis. You also have the right to object where we are processing your personal information for direct marketing purposes.
Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
Request the transfer of your personal data to you or another data controller if the processing is based on consent, carried out by automated means and this is technically feasible.
If you want to exercise any of the above rights, [please email our data protection point of contact ………insert email address OR click here insert link].
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee for the administrative costs of complying with the request if your request for access is manifestly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
9.RIGHT TO WITHDRAW CONSENT
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal data for a specific purpose (for example, in relation to direct marketing that you have indicated you would like to receive from us), you have the right to withdraw your consent for that specific processing at any time. [To withdraw your consent, please [email our data protection point of contact ……………insert email address] [click here insert link].
Once we have received notification that you have withdrawn your consent, we will no longer process your personal information (personal data) for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
10.CHANGES TO THIS NOTICE
Any changes we may make to our privacy notice in the future will be [provided to you ………….…insert how this will occur (for example, updated on our website at: [LINK])].
This privacy notice was last updated on …………..insert date.
If you have any questions regarding this notice or if you would like to speak to us about the manner in which we process your personal data, please email [our Data Protection Point of Contact ……………insert title and email address or telephone [our Data Protection Point of Contact on ……………insert title and telephone number].
You also have the right to make a complaint to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues, at any time. The ICO’s contact details are as follows:
Information Commissioner's Office
Telephone - 0303 123 1113 (local rate) or 01625 545 745
Website - https://ico.org.uk/concerns