Select Legal Systems Limited, well known legal software supplier to the legal profession is keen to hear from any law firm preparing for the new General Data Protection legislation due to be enforced on 25 May 2018.
The company, authors of the popular legal practice management software for law firms, LAWFUSION, have been researching and developing, for some time, new functionality that will assist law firms with their new processes as they prepare to comply with GDPR.
Having spoken to many of their existing clients, the company would like to hear from non-LAWFUSION law firms that have concerns that their existing software may lack the necessary features to assist them with GDPR compliance. Team LAWFUSION would like to understand how different types of law firm believe GDPR functionality should be presented in a software package and how they plan to develop procedures in light of the imminent legislation.
Here are some GDPR facts:
- ICO – Information Commissioners Office is the Government Department responsible for GDPR.
- New data protection law that affects all 28 member states of the EU.
- GDPR applies to the UK – despite Brexit.
- GDPR replaces the Data Protection Act 1998.
- GDPR was passed as law in 2016 and at the end of the 2 year transition period it will become enforceable on 25th May 2018.
- GDPR affects all organisations, of all sizes, that control or process the personal data of ‘data subjects’
- Data subjects are:
1) people / individuals (sometimes referred to as ‘the natural person’)
2) companies/organisations (sometimes referred to as ‘the legal person’)
- GDPR Gives greater rights to data subjects – there are 8 rights in total:
1) the right to be informed
2) the right to access
3) the right to be rectified
4) the right to be erased
5) the right to restrict processing
6) the right to data portability
7) the right to object
8) rights relating to automated decision making and profiling
- GDPR’s principles are built around processing data lawfully, fairly and in a transparent manner.
- Data must only be collected for a specified, explicit and legitimate purpose and not processed further for another purpose incompatible with the original purpose.
- The GDPR requires you to show how you comply with the principles – for example by documenting the decisions you take about a processing activity.
- GDPR threatens significant penalties for non-compliance i.e. 4% of global turnover or £17 Million(€20 Million) whichever the greater.
- Affects law firms because of the volume and nature of the information they hold on behalf of clients.
- Affects marketing departments significantly, but also all other areas of the law firm involved with controlling or processing client data.
- There has been a big B2B (business to business)/ B2C (business to consumer) marketing debate – regarding consent (often referred to as opt in).
- There is a lot of information on the ICO website – providing guidance to GDPR and explanation about what it is and steps that must be taken to ensure compliance.
- There is a 39-page PDF document on consent alone.
- DPA 1998 was established 20 years ago and there have been significant advances in internet usage since then. E.g. GDPR recognises an IP Address as personal data.
- Breach notification – organisations must inform the relevant authority within 72 hours of the organisation becoming aware of a breach. Failing to notify a breach when required to do so can result in a significant fine up to 10 million Euros or 2% of your global turnover.
For any law firm wishing to discuss GDPR and how they are gearing up to use Practice Management Software to support them with their new processes re the new legislation – please e-mail us at firstname.lastname@example.org with your details and a member of the Development team will contact you.
Select Legal Systems Limited is ISO 27001 data security certified at company level. Its cloud option, LAWFUSION Direct, is hosted at an ISO 27001 certified datacentre.
For more information about Select Legal Systems Limited or LAWFUSION please call 01482 567601 Monday to Friday during office hours. For enquiries after hours, please contact Select sales and marketing via their online form here.