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This document defines the Access Control Policy for Flex Legal Ltd. The policy applies to all staff (including temporary, contract, third party and agency staff) working for, or on behalf of, the organisation.
The objective of this policy is to prevent unauthorised access to the Company's information systems and networks. The policy will describe how access controls are applied by the organisation, covering all stages in the life-cycle of user access, from the initial registration process of new users to the final deregistration of users who no longer require access to information systems and services.
Provision of Authorization and Access to Company Systems
The Company is divided into the following classifications:
Flex Sales, Bookings & Onboarding Team
The group of people involved in the provision of flexible staff from Flex's own pool of candidates.
Expeccted level of access:
User access to the Flex Management Portal, access to email, hubspot and similar systems
Flex Senior Management
The group of people involved in running the day to day aspects of the company
Expeccted level of access:
Same access as Flex Sales, Bookings & Onboarding Team
Access to financial systems
Access to employee information
Flex Payroll Operations Team
The group of people involved in the payment of contractors and temporary staff
Access to candidate bank account details
Flex Development Team
The group of people responsible for development of Flex's systems
Access to source control repositories, staging and development systems
Flex IT Team
The group of people responsible for internal IT provision
Administrative access to gsuite, office 365 and other systems which are utilised day to day by staff (not including google cloud)
Flex Technical Operations Team
The group of people responsible for the production instances of Flex's platform
Administrative access to Auth0, Google Cloud, Sendgrid and similar third party applications
A user may be a member of more than one team. In which ase thier access is the union of the access of other teams. It is not possible with an organization of our size to achieve full segregation of duties but where possible the principle should be adhered to with dual sign off over change management.
The CTO holds overall responsibility for information governance within Flex Legal Ltd.
All staff working for, or on behalf of, the Flex have a general responsibility for the security of information they create or use in the course of their duties. They should ensure they are aware of all the relevant information security policies and procedures and follow their recognised codes of conduct.
USER ACCESS MANAGEMENT
New User
New user requests should be notified to the Flex IT Team group with date of required access and length of access if known. The Flex IT Team should be notified of which of the above groups the user will fall into.
Leavers
Leavers should be added to the company calendar which is monitored by the Flex IT Team. Their accounts will be disabled no later than 24 hours after the user finishes. If a employee is being terminated then the CTO should be informed and access should be revoked during the course of the terminiation meeting. All login cookies should be reset during this process.
Access Requirements
In order to access Flex confidential materials the user should be required in install policies on any device that allow us to monitor the devices security and remove all confidential information should that be required.
Privilege Management
A user should be assigned to the appropriate groups for their roles. They should not be granted other priviledges. 2 Factor authenticaiton must be enabled for all users.
User Password Management
Passwords should be at least 12 characters and contain a mix of numbers, characters and symbols.
Where a user has forgotten their password, the system administrator or the IT service desk is authorised to issue a replacement
Review of User Access Rights
Each system administrator or deputy will conduct a review of all access rights to the network they are responsible for, at least once a quarter in conjunction with the IAOs. This action will positively confirm all current users. Any user accounts, which cannot be positively identified as current, must be disabled immediately, pending deletion.
However, to allow for maternity leave or other extended absence, the system administrator should check the status of users with their IAOs or line managers before deleting inactive accounts after one month.
Flex Legal Ltd (Flex, the Company) provides flexible workforce management solutions for a for a variety of clients worldwide. As an industry leader, it is critical for Flex to set the standard for the protection of information assets from unauthorized access and compromise or disclosure. Accordingly, Flex has adopted this information classification policy to help manage and protect its information assets.
All Flex employees and contractors share in the responsibility for ensuring that Flex's information assets receive an appropriate level of protection by observing this Information Classification policy:
Company Managers or information ‘owners’ shall be responsible for assigning classifications to
information assets according to the standard information classification system presented below. (‘Owners” have approved management responsibility. ‘Owners’ do not have property rights.)
Where practicable, the information category shall be embedded in the information itself.
All Company associates shall be guided by the information category in their security-related handling
of Company information.
All Company information and all information entrusted to Company from third parties falls into one of four
classifications in the table below, presented in order of increasing sensitivity.
Unclassified Public
Information is not confidential and can be made public without any implications for
Company. Loss of availability due to system downtime is an acceptable risk. Integrity is
important but not vital.
Product brochures widely distributed
Information widely available in the public domain, including publicly available Company web site areas
Financial reports required by regulatory authorities
Newsletters for external transmission
Proprietary
Information is restricted to managementapproved internal access and protected from external access. Unauthorized access could
influence Company's operational effectiveness, cause an important financial loss, provide a significant gain to a competitor,
or cause a major drop in customer confidence. Information integrity is vital.
Passwords and information on corporate security procedures
Know-how used to process client information
Standard Operating Procedures used in all parts of Company’s business
All Company-developed software code, whether used internally or sold to clients
Client Confidential Data
Information received from clients in any form for processing in production by Company. The original copy of such information must not be changed in any way without written permission from the client. The highest possible levels of integrity, confidentiality, and restricted availability are vital.
Client candidate information
Electronic transmissions from clients
Product information generated for the client by Company production activities as specified by the client
Candidate Confidential Data
Information received from candidates in any form for processing in production by Company. The original copy of such information must not be changed and can only be processed in accordance with our policies. The higest possible levels of integrity, confidentially and restricted availability are vital.
Company Confidential Data
Information collected and used by Company in the conduct of its business to employ people, to log and fulfill client orders, and to manage all aspects of corporate finance. Access to this information is very restricted within the company. The highest possible levels of integrity, confidentiality, and restricted availability are vital.
Salaries and other personnel data
Accounting data and internal financial reports
Confidential customer business data and confidential contracts
Information Security is a continuous effort; staff handling information needs to be trained regularly, systems need updating to remain secure, assets and risks change, and incidents need addressing. A complete risk register gives you a good idea of what might happen, but without a plan for both anticipated and unanticipated incidents there is a good chance an adverse event will cause serious damage to the organization. In this article we explain how to handle incidents and provide a template for structured incident registration.
Incidents
An incident in the sense of Information Security is an adverse event that affects the Confidentiality, Integrity, or Availability of an information asset. Examples of such events are hacks, loss of documents, a stolen laptop, but also less straight-forward events such as leaving confidential information on a screen visible to others or a power outage that knocks out the server. Incidents are, however, not the same as vulnerabilities. Vulnerabilities are weaknesses in the protection of information that can lead to an incident. In Risk Identification, the first step of risk management, vulnerabilities that can lead to an incident are identified.
How to handle incidents
Incidents happen, there is no way around that. Mitigation measures can be taken to lower the probability of an incident taking place, such as electronic or physical access restriction to information. Due to the inevitability of incidents, reactive measures to reduce the impact are crucial. Pre-emptive measures help, but do not suffice on their own. The most important impact reducing measure is a solid incident procedure. If an incident has happened before, there might be a pattern. This pattern can be broken by learning from the incident and preventing repetition.
If you suspect there has been an Inforamtion Security Incident you must immediately inform the CTO (call 07966 423742) and CEO. You need to received verbal and written confirmation from them that they have been notified.
The CTO will bring together a group to study the incident and identify its breadth, seriousness and impact. If it is confirmed that personal data is involved then within 8 hours of the notification of the breach the CTO shall notifiy the relevant authorities and clients. In the case of a serious breach the CTO shall notify our external experts to help analyse and manage the breach.
The incident shall be studied and any changes required will be written up and built into future processes. The board shall be notified at the next board meeting.
An incident will be scored on the following scale:
Level 0
No breach of individual information, existing safeguards were sufficient
Level 1
A breach of an individuals non-sensitive information for a short period of time
Level 2
A breach of a group more than one but less than 20 individuals non-sensitive information
Level 3
A breach involving any sensitive information or any group larger than 20 individuals
All level 2 and level 3 security incidents shall be reported to the board and followup actions shall be monitored at the board level.
Incident register template
The incident register is stored in the same repository as this document (F-LEX/policies). A markdown document conforming to the following template shall be created an named: incidents/<YYYY-MM-DD-000N.md>
While at Flex you may have access to a wide range of personal and confidential information, both ours, our workers and our clients.
Flex is committed to protecting the rights and freedoms of data subjects and safely and securely processing their data in accordance with all of our legal obligations.
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 our staff understand the rules governing their use of the personal data to which they have access in the course of their work
DPO
At this time we do not have a Data Protection Officer. We intend to appoint one as we grow however even without an explicit DPO we should put our obligations around data protection above our commercial interests and make sure we are doing the right thing.
Policy Maintainance
This policy is maintained by James Moore. Please see or email James if you have any questions. If you are looking at doing something new with any personal data please consult James.
GDPR
We are committed to complying with not only the letter of the GDPR but also the spirit. We believe that our clients, workers and employees should be in control of their data and we should take the responsibility of managing and processing their information seriously.
Scope
This policy applies to all staff. 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.
The Principles
Flex shall comply with the principles of data protection (the Principles) enumerated in the EU General Data Protection Regulation. We will make every effort possible in everything we do to comply with these principles. The Principles are:
Lawful, fair and transparent
Data collection must be fair, for a legal purpose and we must be open and transparent as to how the data will be used.
Limited for its purpose
Data can only be collected for a specific purpose.
Data minimisation
Any data collected must be necessary and not excessive for its purpose.
Accurate
The data we hold must be accurate and kept up to date.
Retention
We cannot store data longer than necessary.
Integrity and confidentiality
The data we hold must be kept safe and secure.
Accountability and transparency
We must ensure accountability and transparency in all our use of personal data. We must show how we comply with each Principle. You are responsible for keeping a written record of how all the data processing activities you are responsible for comply with each of the Principles. This must be kept up to date and must be approved by the CTO.
To comply with data protection laws and the accountability and transparency Principle of GDPR, we must demonstrate compliance. You are responsible for understanding your particular responsibilities to ensure we meet the following data protection obligations:
Fully implement all appropriate technical and organisational measures
Maintain up to date and relevant documentation on all processing activities
Conducting Data Protection Impact Assessments
Implement measures to ensure privacy by design and default, including:
Data minimisation
Pseudonymisation
Transparency
Allowing individuals to monitor processing
Creating and improving security and enhanced privacy procedures on an ongoing basis
Fair and lawful processing
We must process personal data fairly and lawfully in accordance with individuals’ rights under the first Principle. This generally means that we should not process personal data unless the individual whose details we are processing has consented to this happening.
If we cannot apply a lawful basis (explained below), our processing does not conform to the first principle and will be unlawful. Data subjects have the right to have any data unlawfully processed erased
Controlling and Processing Data
Flex is classified both as a data controller and data processor. We are registered with the ICO under registration ZA240108.
In our role as a supplier of a flexible workforce we are generally a data controller. We control the data of our workers.
Where we supply software to firms for them to manage their own workforce we are generally a data processor. As a data processor, we must comply with our contractual obligations and act only on the documented instructions of the data controller. If we at any point determine the purpose and means of processing out with the instructions of the controller, we shall be considered a data controller and therefore breach our contract with the controller and have the same liability as the controller. As a data processor, we must:
Not use a sub-processor without written authorisation of the data controller
Co-operate fully with the ICO or other supervisory authority
Ensure the security of the processing
Keep accurate records of processing activities
Notify the controller of any personal data breaches
If you are in any doubt about how we handle data, please contact James Moore for clarification.
Lawful basis for processing data
We must establish a lawful basis for processing data. Ensure that any data you are responsible for managing has a written lawful basis approved by the CTO. It is your responsibility to check the lawful basis for any data you are working with and ensure all of your actions comply the lawful basis. At least one of the following conditions must apply whenever we process personal data:
Consent
We hold recent, clear, explicit, and defined consent for the individual’s data to be processed for a specific purpose.
Contract
The processing is necessary to fulfil or prepare a contract for the individual.
Legal obligation
We have a legal obligation to process the data (excluding a contract).
Vital interests
Processing the data is necessary to protect a person’s life or in a medical situation.
Public function
Processing necessary to carry out a public function, a task of public interest or the function has a clear basis in law.
Legitimate interest
The processing is necessary for our legitimate interests. This condition does not apply if there is a good reason to protect the individual’s personal data which overrides the legitimate interest.
Deciding which condition to rely on
If you are making an assessment of the lawful basis, you must first establish that the processing is necessary. This means the processing must be a targeted, appropriate way of achieving the stated purpose. You cannot rely on a lawful basis if you can reasonable achieve the same purpose by some other means.
Remember that more than one basis may apply, and you should rely on what will best fit the purpose, not what is easiest.
Consider the following factors and document your answers:
What is the purpose for processing the data?
Can it reasonably be done in a different way?
Is there a choice as to whether or not to process the data?
Who does the processing benefit?
After selecting the lawful basis, is this the same as the lawful basis the data subject would expect?
What is the impact of the processing on the individual?
Are you in a position of power over them?
Are they a vulnerable person?
Would they be likely to object to the processing?
Are you able to stop the processing at any time on request, and have you factored in how to do this?
Our commitment to the first Principle requires us to document this process and show that we have considered which lawful basis best applies to each processing purpose, and fully justify these decisions.
We must also ensure that individuals whose data is being processed by us are informed of the lawful basis for processing their data, as well as the intended purpose. This should occur via a privacy notice. This applies whether we have collected the data directly from the individual, or from another source.
If you are responsible for making an assessment of the lawful basis and implementing the privacy notice for the processing activity, you must have this approved by James.
Special categories of personal data
What are special categories of personal data?
Previously known as sensitive personal data, this means data about an individual which is more sensitive, so requires more protection. This type of data could create more significant risks to a person’s fundamental rights and freedoms, for example by putting them at risk of unlawful discrimination. The special categories include information about an individual’s:
race
ethnic origin
politics
religion
trade union membership
genetics
biometrics (where used for ID purposes)
health
sexual orientation
In most cases where we process special categories of 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.
The condition for processing special categories of personal data must comply with the law. If we do not have a lawful basis for processing special categories of data that processing activity must cease.
We collect information about the diversity of our workforce and the inclusiveness of our workforce. This information should only ever be looked at in aggregate where the group size is sufficiently large (>5 individuals)
Our responsibilities
Analysing and documenting the type of personal data we hold
Checking procedures to ensure they cover all the rights of the individual
Identify the lawful basis for processing data
Ensuring consent procedures are lawful
Implementing and reviewing procedures to detect, report and investigate personal data breaches
Store data in safe and secure ways
Assess the risk that could be posed to individual rights and freedoms should data be compromised
Your responsibilities
Fully understand your data protection obligations
Check that any data processing activities you are dealing with comply with our policy and are justified
Do not use data in any unlawful way
Do not store data incorrectly, be careless with it or otherwise cause us to breach data protection laws and our policies through your actions
Comply with this policy at all times
Raise any concerns, notify any breaches or errors, and report anything suspicious or contradictory to this policy or our legal obligations without delay
Responsibilities of the CTO
We do not at present have a designated DPO. We will add one as we grow.
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 us
Checking and approving with third parties that handle the company’s data any contracts or agreement regarding data processing
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 the company is considering using to store or process data
Approving data protection statements attached to emails and other marketing copy
Addressing data protection queries from clients, target audiences or media outlets
Ensure all marketing initiatives adhere to data protection laws and the company’s Data Protection Policy
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 unless the individual concerned has agreed to this or would otherwise reasonably expect this.
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 CTO.
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 CTO will establish what, if any, additional specific data security arrangements need to be implemented in contracts with those third party organisations.
Storing data securely
Information should not be stored on paper
Printed data should be shredded when it is no longer needed
Logins to systems should be via SSO with 2FA enabled.
If a system does not support this then passwords should be secure and stored in a password manager
It is not acceptable to use a system that does not support 2FA if it contains large amounts of personal information
No data should be stored on USB keys.
It is acceptable to store information on our shared drives in GSuite.
Data should be regularly backed up
Data should never be saved directly to mobile devices such as laptops, tablets or smartphones
When dealing with sensitive data we should err towards not storing it ourselves and use an external specialist service which provides the required functionality. For example Auth0 or Box or Google Cloud Storage.
Data retention
We must retain personal data for no longer than is necessary. What is necessary will depend on the circumstances of each case, taking into account the reasons that the personal data was obtained, but should be determined in a manner consistent with our data retention guidelines.
Transferring data internationally
There are restrictions on international transfers of personal data. You must not transfer personal data abroad, or anywhere else outside of normal rules and procedures without express permission from the CTO.
Rights of individuals
Individuals have rights to their data which we must respect and comply with to the best of our ability. We must ensure individuals can exercise their rights in the following ways:
Right to be informed
Providing privacy notices which are concise, transparent, intelligible and easily accessible, free of charge, that are written in clear and plain language, particularly if aimed at children.
Keeping a record of how we use personal data to demonstrate compliance with the need for accountability and transparency.
Right of access
Enabling individuals to access their personal data and supplementary information
Allowing individuals to be aware of and verify the lawfulness of the processing activities
Right to rectification
We must rectify or amend the personal data of the individual if requested because it is inaccurate or incomplete.
This must be done without delay, and no later than one month. This can be extended to two months with permission from the CTO.
Right to erasure
We must delete or remove an individual’s data if requested and there is no compelling reason for its continued processing.
Right to restrict processing
We must comply with any request to restrict, block, or otherwise suppress the processing of personal data.
We are permitted to store personal data if it has been restricted, but not process it further. We must retain enough data to ensure the right to restriction is respected in the future.
Right to data portability
We must provide individuals with their data so that they can reuse it for their own purposes or across different services.
We must provide it in a commonly used, machine-readable format, and send it directly to another controller if requested.
Right to object
We must respect the right of an individual to object to data processing based on legitimate interest or the performance of a public interest task.
We must respect the right of an individual to object to direct marketing, including profiling.
We must respect the right of an individual to object to processing their data for scientific and historical research and statistics.
Rights in relation to automated decision making and profiling
We must respect the rights of individuals in relation to automated decision making and profiling.
Individuals retain their right to object to such automated processing, have the rationale explained to them, and request human intervention.
Privacy notices
When to supply a privacy notice
A privacy notice must be supplied at the time the data is obtained if obtained directly from the data subject. If the data is not obtained directly from the data subject, the privacy notice must be provided within a reasonable period of having obtained the data, which mean within one month.
If the data is being used to communicate with the individual, then the privacy notice must be supplied at the latest when the first communication takes place.
If disclosure to another recipient is envisaged, then the privacy notice must be supplied prior to the data being disclosed.
What to include in a privacy notice
Privacy notices must be concise, transparent, intelligible and easily accessible. They are provided free of charge and must be written in clear and plain language, particularly if aimed at children
The following information must be included in a privacy notice to all data subjects:
Identification and contact information of the data controller and the data protection officer
The purpose of processing the data and the lawful basis for doing so
The legitimate interests of the controller or third party, if applicable
The right to withdraw consent at any time, if applicable
The category of the personal data (only for data not obtained directly from the data subject)
Any recipient or categories of recipients of the personal data
Detailed information of any transfers to third countries and safeguards in place
The retention period of the data or the criteria used to determine the retention period, including details for the data disposal after the retention period
The right to lodge a complaint with the ICO, and internal complaint procedures
The source of the personal data, and whether it came from publicly available sources (only for data not obtained directly from the data subject)
Any existence of automated decision making, including profiling and information about how those decisions are made, their significances and consequences to the data subject
Whether the provision of personal data is part of a statutory of contractual requirement or obligation and possible consequences for any failure to provide the data (only for data obtained directly from the data subject)
Subject Access Requests
What is a subject access request?
An individual has the right to receive confirmation that their data is being processed, access to their personal data and supplementary information which means the information which should be provided in a privacy notice.
How we deal with subject access requests
We must provide an individual with a copy of the information the request, free of charge. This must occur without delay, and within one month of receipt. We endeavour to provide data subjects access to their information in commonly used electronic formats, and where possible, provide direct access to the information through a remote accessed secure system.
If complying with the request is complex or numerous, the deadline can be extended by two months, but the individual must be informed within one month. You must obtain approval from the DPO before extending the deadline.
We can refuse to respond to certain requests, and can, in circumstances of the request being manifestly unfounded or excessive, charge a fee. If the request is for a large quantity of data, we can request the individual specify the information they are requesting. This can only be done with express permission from the CTO.
Once a subject access request has been made, you must not change or amend any of the data that has been requested. Doing so is a criminal offence.
Data portability requests
We must provide the data requested in a structured, commonly used and machine-readable format. This would normally be a CSV file, although other formats are acceptable. We must provide this data either to the individual who has requested it, or to the data controller they have requested it be sent to. This must be done free of charge and without delay, and no later than one month. This can be extended to two months for complex or numerous requests, but the individual must be informed of the extension within one month and you must receive express permission from the CTO first.
Right to erasure
What is the right to erasure?
Individuals have a right to have their data erased and for processing to cease in the following circumstances:
Where the personal data is no longer necessary in relation to the purpose for which it was originally collected and / or processed
Where consent is withdrawn
Where the individual objects to processing and there is no overriding legitimate interest for continuing the processing
The personal data was unlawfully processed or otherwise breached data protection laws
To comply with a legal obligation
The processing relates to a child
How we deal with the right to erasure
We can only refuse to comply with a right to erasure in the following circumstances:
To exercise the right of freedom of expression and information
To comply with a legal obligation for the performance of a public interest task or exercise of official authority
For public health purposes in the public interest
For archiving purposes in the public interest, scientific research, historical research or statistical purposes
The exercise or defence of legal claims
If personal data that needs to be erased has been passed onto other parties or recipients, they must be contacted and informed of their obligation to erase the data. If the individual asks, we must inform them of those recipients.
The right to object
Individuals have the right to object to their data being used on grounds relating to their particular situation. We must cease processing unless:
We have legitimate grounds for processing which override the interests, rights and freedoms of the individual.
The processing relates to the establishment, exercise or defence of legal claims.
We must always inform the individual of their right to object at the first point of communication, i.e. in the privacy notice. We must offer a way for individuals to object online.
The right to restrict automated profiling or decision making
We may only carry out automated profiling or decision making that has a legal or similarly significant effect on an individual in the following circumstances:
It is necessary for the entry into or performance of a contract.
Based on the individual’s explicit consent.
Otherwise authorised by law.
In these circumstances, we must:
Give individuals detailed information about the automated processing.
Offer simple ways for them to request human intervention or challenge any decision about them.
Carry out regular checks and user testing to ensure our systems are working as intended.
Third parties
Using third party controllers and processors
As a data controller and data processor, we must have written contracts in place with any third party data controllers and data processors that we use. The contract must contain specific clauses which set out our and their liabilities, obligations and responsibilities.
As a data controller, we must only appoint processors who can provide sufficient guarantees under GDPR and that the rights of data subjects will be respected and protected.
As a data processor, we must only act on the documented instructions of a controller. We acknowledge our responsibilities as a data processor under GDPR and we will protect and respect the rights of data subjects.
Contracts
Our contracts must comply with the standards set out by the ICO and, where possible, follow the standard contractual clauses which are available. Our contracts with data controllers and data processors must set out the subject matter and duration of the processing, the nature and stated purpose of the processing activities, the types of personal data and categories of data subject, and the obligations and rights of the controller.
At a minimum, our contracts must include terms that specify:
Acting only on written instructions
Those involved in processing the data are subject to a duty of confidence
Appropriate measures will be taken to ensure the security of the processing
Sub-processors will only be engaged with the prior consent of the controller and under a written contract
The controller will assist the processor in dealing with subject access requests and allowing data subjects to exercise their rights under GDPR
The processor will assist the controller in meeting its GDPR obligations in relation to the security of processing, notification of data breaches and implementation of Data Protection Impact Assessments
Delete or return all personal data at the end of the contract
Submit to regular audits and inspections, and provide whatever information necessary for the controller and processor to meet their legal obligations.
Nothing will be done by either the controller or processor to infringe on GDPR.
Criminal offence data
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. We cannot keep a comprehensive register of criminal offence data. All data relating to criminal offences is considered to be a special category of personal data and must be treated as such.
Audits, monitoring and training
Data audits
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. You must conduct a regular data audit as defined by the DPO and normal procedures.
Monitoring
Everyone must observe this policy. The CTO has overall responsibility for this policy. Flex will keep this policy under review and amend or change it as required. You must notify the CTO of any breaches of this policy. You must comply with this policy fully and at all times.
Training
You will receive adequate training on GDPR and provisions of data protection law specific for your role. You must complete all training as requested. If you move role or responsibilities, you are responsible for requesting new data protection training relevant to your new role or responsibilities.
If you require additional training on data protection matters, contact the CTO.
Reporting breaches
Any breach of this policy or of data protection laws must be reported as soon as practically possible. This means as soon as you have become aware of a breach. Flex has a legal obligation to report any data breaches to the ICO within 72 hours.
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
Maintain a register of compliance failures
Notify the ICO of any compliance failures that are material either in their own right or as part of a pattern of failures
Any member of staff who fails to notify of a breach, or is found to have known or suspected a breach has occurred but has not followed the correct reporting procedures will be liable to disciplinary action.
Any breach should be immediately reported to the CTO via email and via phone.
Failure 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 CTO.
