What is GDPR?

The General Data Protection Regulation (GDPR) will come into force on 25 May 2018. This is a European legislation which will largely replace the current Data Protection Act in England and Wales. The UK government is also in the process of drafting a new Data Protection Act in line with GDPR, which contains some UK-specific rules. This is due to be introduced later in 2018.

How will GDPR impact you?

The GDPR makes several key changes to data protection law. It brings many new and enhanced obligations, including the potential need for organisations to refer their own breaches to the Information Commissioner’s Office (ICO) and to have written contracts with third parties that process personal data. It also introduces more severe consequences for breach and it may even have implications for OFSTED when reviewing schools’ policies.

Overall responsibility for ensuring compliance with the GDPR lies with the data controller; this will be the school itself, or your school’s multi-academy trust. However, the GDPR also places wider obligations on anyone who does anything with data.

Personal Data

The GDPR applies where you do anything with information from which a person could be identified. Say, for example, a pupil’s name or medical information or a staff member’s National Insurance number would qualify as ‘personal data’. The identifiable individuals are referred to as ‘data subjects’ under the GDPR; this is likely to include pupils, staff and parents among others.

Special Categories of Personal Data

Extra care must be taken when processing special categories of personal data; this includes racial or ethnic origin, political opinions, religious beliefs, trade union membership, physical or mental health, sexual life or genetic or biometric data.

Legal Basis for Processing

To be compliant with GDPR, all processing of data must have a legal basis.

For schools, the most likely legal basis for processing data is the public interest that the school has for doing so. There is a public interest in the school being able to carry out its duties in educating. There is also the basis of fulfilling a legal obligation which will be relevant in some instances. Consent may also be your legal basis, but this should be avoided where possible as consent can always be withdrawn!

Rights of Data Subjects

We will all have rights under GDPR in relation to our data being held by an organisation. For example, there is a right to access that data and a right to have it corrected, among others. People may exercise their rights against the school or MAT, so you should be aware of them. However, these rights can only be exercised in line with the GDPR rules and exceptions.

Data Protection Officer

It is likely that the school or MAT will require a data protection officer, who will be responsible for monitoring compliance with GDPR. They should be allowed to act independently and not be penalised for carrying out their role.

This person may be designated internally, or appointed from outside the school, and should have some knowledge and experience of data protection.

What do you need to do now?

  • Make sure that all staff are made aware of what will be expected from them under the GDPR.
  • Consider what data personal you hold, how it may be used and who it may be shared with.
  • Check your policies are GDPR-compliant.
  • Think about who could take on the role of data protection officer.
  • Keep talking. Ask questions of your colleagues and your legal advisors when you are unsure. There are still some unknowns when it comes to GDPR and, by talking about these, we can help to figure them out.

If you would like more information on this topic, please contact Russell Holland Barrister in the Education team at Michelmores.

5 Tips For Effective B2B Email Marketing

Traditional email marketing may be frowned upon in some circles of business and quite rightly as companies churn out emails on a weekly or even daily basis, full of largely irrelevant content. However in the 2018 world of industrial marketing, email marketing...
Read More

PRESS RELEASE: Composite Metal Finish for Prestigious Architectural Canopies

Read More

PRESS RELEASE: A Full Pod of PEAs for Brittany Ferries

Read More

GDPR: The Emerging Trends

“There are known knowns; there are things we know we know. We also know there are known unknowns; that is to say we know there are some things we do not know. But there are also unknown unknowns – the ones we don’t know we don’t know.” 

Read More

GDPR: Legal Basis for Processing Data

Under GDPR, schools will need to have a legal basis for processing data. GDPR gives the following potential bases which will be relevant for schools.

Read More

GDPR: An Overview for Schools

What is GDPR? The General Data Protection Regulation (GDPR) will come into force on 25 May 2018. This is a European legislation which will largely replace the current Data Protection Act in England and Wales.

Read More

How to Measure Exhibition Success

Trade shows can be costly. Our 5 key elements on how to measure your exhibition success will help you decide whether you go back next year.

Read More

Exhibition Success: 5 Top Tips

5 Top Tips for success at your next exhibition, from network opportunities to showcasing your services and expertise. Gain a return on your investment.

Read More

Free 30-Second Video at Southern Manufacturing

We’re pleased to announce we will be offering exhibitors a free 30-second video at Southern Manufacturing & Electronics 2018, to celebrate our fifth year of exhibiting.

Read More

3 Significant Video Marketing Trends for 2018

2017 has undoubtedly been the year of video content marketing. Now we’re in 2018, video is set to continue prospering.

Read More

2018 Video Predictions

Social media is no longer just updates, photos and links. Businesses are now using social video to generate more attention and reach their target audience.

Read More

Benefits of Social Media Channels for Business Marketing (Infographic)

Social media can improve your search rankings, website traffic and conversion rates. Reasons why you should be utilising your social media channels.

Read More

How To Use Social Media Channels for Business Marketing (Infographic)

Once you’ve chosen the best social media channels for your business, you need to make sure they are getting results. Ask yourself three basic questions.

Read More

Best Social Media Channels for Business Marketing (Infographic)

Social media is one of the most effective tools in digital marketing, so it’s important to find the best channels for your business. We’ve listed the top 5.

Read More

Choosing the Right CMS for Your Business

Choosing the right CMS for your website can be difficult. We’ve broken down the top 4 CMS to help you select the best CMS for your business needs and goals.

Read More

The Best of 2017 Web Design Trends

2016 was flat design, and a surge in mobile responsiveness. Predicted web design trends of 2017 move towards animation and a cinematographic web experience.

Read More

Timeline of a Successful Web Design (Infographic)

Follow our timeline of a successful web design. From design to integration, these key areas will ensure that your website is a success.

Read More

Content Marketing to Grow Your Business (Infographic)

Relevant and engaging content creates a unique relationship with your brand. 10 Tips to grow your business using content marketing.

Read More

How to Distribute Your Corporate Video

Having a video is just a start, you need to successfully distribute your corporate video in order for it to increase your website traffic and sales.

Read More

Ultimate Guide for Exhibition Success

We have put together the ultimate guide for Exhibition Success. A Trade Show is a key fixture in your marketing arsenal, so make sure to follow these tips.

Read More