MPS Marketing Services Ltd

General Data
Protection Regulation
(GDPR) Policy
Approved by: Rob Fagnani
Bus i nes s O wn er
Introduction

We hold personal data about our employees, clients, suppliers and other individuals
for a variety of business purposes.

This policy sets out how we seek to protect personal data and ensure that staff
understand the rules governing their use of personal data to which they have access
in the course of their work. In particular, this policy requires staff to ensure that the
Data Protection Officer (DPO) be consulted before any significant new data
processing activity is initiated to ensure that relevant compliance steps are
addressed.

What is GDPR?

Keeping information about clients and staff confidential makes clear business sense
but it is also required by law. The EU General Data Protection Regulation (GDPR)
defines the ethical handling of personal data. Replacing legislation written before
the digital age, the regulation became EU law in 2016, enforceable from 25th May,
2018.

Definitions
Business The purposes for which personal data may be used by us:
purposes
Personnel, administrative, financial, regulatory, payroll and business
development purposes.

Business purposes include the following:

- Compliance with our legal, regulatory and corporate
governance obligations and good practice
- Gathering information as part of investigations by
regulatory bodies or in connection with legal proceedings
or requests
- Ensuring business policies are adhered to (such as policies
covering email and internet use)
- Operational reasons, such as recording transactions,
training and quality control, ensuring the confidentiality of
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 commercially sensitive information, security vetting, credit
scoring and checking
- Investigating complaints
- Checking references, ensuring safe working practices,
monitoring and managing staff access to systems and
facilities and staff absences, administration and
assessments
- Monitoring staff conduct, disciplinary matters
- Marketing our business
- Improving services

Personal data Information relating to identifiable individuals, such as job

applicants, current and former employees, agency, contract and
other staff, clients, suppliers and marketing contacts.

Personal data we gather may include: individuals' contact details,

educational background, financial and pay details, details of
certificates and diplomas, education and skills, marital status,
nationality, job title, and CV.

Sensitive Personal data about an individual's racial or ethnic origin, political

personal data opinions, religious or similar beliefs, trade union membership (or
non-membership), physical or mental health or condition, criminal
offences, or related proceedings—any use of sensitive personal
data should be strictly controlled in accordance with this policy.

Data An organization that determines the way in which personal data is

Controller processed. The controller must be able to demonstrate compliance
with the principles and ensure contracts with data processors
comply with the GDPR. Each data controller must also pay a fee to
the Information Commissioner’s Office.

Data An organization that processes personal data, but only in

Processor accordance with the instructions of the data controller. This can
include subcontractors and agents. Processors must maintain
records of personal data and processing activities and will have
legal liability if responsible for a breach.

Processing Collecting, disclosing, storing, using or any other operation

performed upon personal data. If you use personal data in any way
you will be “processing” it.

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Scope
This policy applies to all staff. You must be familiar with this policy and comply with
its terms.
This policy supplements our other policies relating to internet and email use. We
may supplement or amend this policy by additional policies and guidelines from time
to time. Any new or modified policy will be circulated to staff before being adopted.

Who is responsible for this policy?

As our Data Protection Officer, [Enter Data Protection Officer name here] has overall
responsibility for the day-to-day implementation of this policy.

Our procedures

Fair and lawful processing

We must process personal data fairly and lawfully in accordance with individuals’
rights. This generally means that we should not process personal data unless the
individual whose details we are processing has consented to this happening.

As MPS Marketing Services are Data Processers, we must only process data as
briefed by the Data Controller.
The Data Protection Officer’s responsibilities:

• Keeping the board updated about data protection responsibilities, risks and
issues

• Reviewing all data protection procedures and policies on a regular basis

• Arranging data protection training and advice for all staff members and those
included in this policy

• Answering questions on data protection from staff, board members and other
stakeholders

• Responding to individuals such as clients and employees who wish to know

which data is being held on them by MPS Marketing Services.

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 • Checking and approving with third parties that handle the company’s data any
contracts or agreement regarding data processing

Responsibilities of the IT Manager

• Ensure all systems, services, software and equipment meet acceptable security
standards

• Checking and scanning security hardware and software regularly to ensure it is

functioning properly

• Researching third-party services, such as cloud services MPS is considering

using to store or process data.

Responsibilities of the Account Director

• Approving data protection statements attached to emails and other marketing
copy

• Addressing data protection queries from clients, target audiences or media

outlets

• Coordinating with the DPO to ensure all marketing initiatives adhere to data
protection laws and MPS’ Data Protection Policies.

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The processing of all data must be:

• Necessary to deliver our services

• In our legitimate interests and not unduly prejudice the individual's privacy

• In most cases this provision will apply to routine business data processing
activities.

Our Terms of Business contains a Privacy Notice to clients on data protection.

The notice:

• Sets out the purposes for which we hold personal data on customers and
employees

• Highlights that our work may require us to give information to third parties such
as expert witnesses and other professional advisers

• Provides that customers have a right of access to the personal data that we hold
about them

Sensitive personal data

In most cases where we process sensitive personal data we will require the data
subject's explicit consent to do this unless exceptional circumstances apply or we are
required to do this by law (e.g. to comply with legal obligations to ensure health and
safety at work). Any such consent will need to clearly identify what the relevant data
is, why it is being processed and to whom it will be disclosed.

Accuracy and relevance

We will ensure that any personal data we process is accurate, adequate, relevant and
not excessive, given the purpose for which it was obtained. We will not process
personal data obtained for one purpose for any unconnected purpose.

Individuals may ask that we correct inaccurate personal data relating to them. If you
believe that information is inaccurate you should record the fact that the accuracy of
the information is disputed and inform the DPO, Francesca Baker who will intern
contact the Data Controller of this.

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Your personal data
You must take reasonable steps to ensure that personal data we hold about you is
accurate and updated as required. For example, if your personal circumstances
change, please inform the Data Protection Officer so that they can update your
records.

Data security
You must keep personal data secure against loss or misuse. Where other
organisations process personal data as a service on our behalf, the DPO will establish
what, if any, additional specific data security arrangements need to be implemented
in contracts with those third party organisations.

Storing data securely

• In cases when data is stored on printed paper, it should be kept in a secure
place where unauthorised personnel cannot access it as per our Clear Desk
Policy (MF 55).

• Printed data should be shredded when it is no longer needed as per our ISO
27001 & 14001 manuals.

• Data stored on a computer should be protected by strong passwords that are

changed regularly as per our Password Policy (MF 61).

• We do not store data on memory sticks as per our USB Policy (MF 63).

• The DPO must approve any cloud used to store data

• Servers containing personal data must be kept in a secure non-international

location.

• Data should be regularly backed up in line with the company’s backup

procedures (MF 29).

• Data should never be saved directly to mobile devices such as laptops, tablets
or smartphones as per our Internet, Email & Mobile Computing Policy (MF 73).

• All servers containing sensitive data must be approved and protected by

security software and strong firewall.

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Data retention
We must retain personal data for no longer than is necessary. What is necessary will
depend on the circumstances of each case, considering the reasons that the personal
data was obtained, but should be determined in a manner consistent with our data
retention guidelines. Please refer to our Data Clearance Policy (MF 68).

Transferring data internationally

There are restrictions on international transfers of personal data. You must not
transfer personal data anywhere outside the UK without first consulting the Data
Protection Officer.

Subject access requests

Please note that under the Data Protection Act 1998, individuals are entitled, subject
to certain exceptions, to request access to information held about them.
If you receive a subject access request, you should refer that request immediately to
the DPO. We may ask you to help us comply with those requests as well as the
Data Controller.
Please contact the Data Protection Officer if you would like to correct or request
information that we hold about you. There are also restrictions on the information to
which you are entitled under applicable law.

Processing data in accordance with the individual's rights

You should abide by any request from an individual not to use their personal data for
direct marketing purposes and notify the DPO about any such request.

Do not send direct marketing material to someone electronically (e.g. via email) unless
you have an existing business relationship with them in relation to the services being
marketed.

Please contact the DPO for advice on direct marketing before starting any new direct
marketing activity.

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Training
All staff will receive training on this policy. New joiners will receive training as part of
the induction process. Further training will be provided at least every two years or
whenever there is a substantial change in the law or our policy and procedure.

Training is provided in-house with regular updates.

It will cover:

• The law relating to data protection

• Our data protection and related policies and procedures.

Completion of training is compulsory.

GDPR provisions
Where not specified previously in this policy, the following provisions will be in effect
on or before 25 May 2018.

Privacy Notice - transparency of data protection

Being transparent and providing accessible information to individuals about how we
will use their personal data is important for our organisation. The following are details
on how we collect data and what we will do with it:

What information is being collected?

Who is collecting it? Our client, supplier & employee’s data is collected as
and when a new one arises.
Data used for mailing purposes are supplied by our
clients to be processed according to the job brief.
How is it collected? Our client, supplier & employee’s data is collected at
the initial stage before entering in connection with the
company. Information will be collected via email & in
person to satisfy the needs of our documentation.
Data used for mailing purposes are transferred
securely from our clients to MPS Marketing Services
Ltd.

Why is it being collected? We are provided data by our clients (data controller)
to process the data as instructed.
We collect information on our clients to conduct credit
checks & provide invoices.

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 We collect information on our suppliers to conduct
credit checks, conduct business with them which will
include receiving & paying invoices.
We collect information on employees to pay them
their wages & provide their tax information to HMRC.
How will it be used? Data provided by the data controller will be processed
securely, as highlighted in the policy to complete the
job as instructed by the data controller.
Who will it be shared with? Data may be shared with a third party supplier if it is
deemed appropriate to do so to fulfil the data
controllers requirements.
We also may share the data externally if exceptional
circumstances apply or we are required to do this by
law.

Justification for personal data

We will process personal data in compliance with all eight data protection principles:

1. Be processed fairly and lawfully

2. Be obtained only for specific, lawful & legitimate purpose
3. Be adequate, relevant and not excessive
4. Be accurate and kept up to date
5. Not be held for any longer than necessary
6. Processed in accordance with the rights of data subjects
7. Be protected in appropriate ways
8. Not be transferred outside the European Economic Area (EEA), unless that country or territory also
ensures an adequate level of protection

We will document the additional justification for the processing of sensitive data, and
will ensure any biometric and genetic data is considered sensitive.

Consent
The data that we collect is subject to active consent by the data subject. This consent
can be revoked at any time. With reference to the data supplied by our customers to
conduct a job, it is our customers responsibility as the data owners to gain active
consent.

Criminal record checks

Any criminal record checks are justified by law. Criminal record checks cannot be
undertaken based solely on the consent of the subject.

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Data portability
Upon request, a data subject should have the right to receive a copy of their data in a
structured format. These requests should be processed within one month, provided
there is no undue burden and it does not compromise the privacy of other individuals.
A data subject may also request that their data is transferred directly to another
system. This must be done for free.

Right to be forgotten
A data subject may request that any information held on them is deleted or removed,
and any third parties who process or use that data must also comply with the request.
An erasure request can only be refused if an exemption applies.

Privacy by design and default

Privacy by design is an approach to projects that promote privacy and data protection
compliance from the start. The DPO will be responsible for conducting Privacy Impact
Assessments and ensuring that all IT projects commence with a privacy plan.

When relevant, and when it does not have a negative impact on the data subject,
privacy settings will be set to the most private by default.

International data transfers

No data may be transferred outside of the EEA without first discussing it with the data
protection officer. Specific consent from the data subject must be obtained prior to
transferring their data outside the EEA. This consent may be actioned by the data
Controller.

Data audit and register

Regular data audits to manage and mitigate risks will inform the data register. This
contains information on what data is held, where it is stored, how it is used, who is
responsible and any further regulations or retention timescales that may be relevant.
Our ISO 27001 uses Audits to assess our data security so this GDPR policy will be
incorporated within these audits.

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Reporting breaches
All members of staff have an obligation to report actual or potential data protection
compliance failures. This allows us to:

• Investigate the failure and take remedial steps if necessary – Non-conformance

Report

• Maintain a register of compliance failures – Non-conformance Log

• Notify the Supervisory Authority (ICO – Information Commissioner’s Office) of

any compliance failures that are material either in their own right or as part of a
pattern of failures

Monitoring
Everyone must observe this policy. The DPO has overall responsibility for this policy.
They will monitor it regularly to make sure it is being adhered to.

Consequences of failing to comply

We take compliance with this policy very seriously. Failure to comply puts both you
and the organisation at risk.

The importance of this policy means that failure to comply with any requirement may
lead to disciplinary action under our procedures which may result in dismissal.

If you have any questions or concerns about anything in this policy, do not hesitate to
contact the DPO.

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