Since the introduction of the General Data Protection Regulation, GDPR compliance for SMEs remains a critical issue. Many small and medium-sized enterprises continue to face challenges in maintaining data protection standards and adapting to evolving regulatory expectations. As enforcement strengthens and public awareness grows, it’s the perfect time for businesses to review their policies, update processes, and ensure they are fully compliant with current GDPR requirements.

SMEs, Freelancers, Contractors or any company that processes personal data should be aware of their obligations.

Someone’s name, job title, and business email address are all classed as personal data under data protection legislation so even sole traders will be processing personal data during the course of their business activities.

Here are six key areas to consider reviewing to ensure you are up to date:

1. ICO Registration and Data Protection Officer (DPO) Appointment:

It’s essential to verify whether your company’s registration with the UK regulator, the Information Commissioner’s Office (ICO), is up to date. Over time, businesses may have expanded their processing activities, necessitating updates to their registration.

Additionally, determining whether you need to appoint a Data Protection Officer is vital. The ICO provides a test to assess whether your organisation requires a DPO, considering factors such as the nature and scale of data processing activities.

2. Policies:

Regular review of data protection policies is imperative to ensure compliance with evolving regulations. If your policies still reference the GDPR 2018 without updates since the GDPR’s implementation, they may be outdated.

Essential policies include privacy policies, data protection policies, IT & Communications policies, and Data Privacy Notices for employees or contractors. For remote-working businesses, having policies addressing home working, data security, and data protection obligations is crucial.

Maintaining an updated website with privacy policies, terms of use, and a transparent complaints procedure is essential. Compliance with cookie regulations is also vital, with the ICO employing technology to scan cookie banners for compliance.

3. Record of Processing Activities (ROPA):

Businesses must maintain a comprehensive record of the data they process as Controllers and Processors, as mandated by Article 30 of the GDPR.

Utilizing templates available on the ICO website, organizations should keep ROPA documents up to date to demonstrate compliance with data protection legislation.

4. Suppliers:

Ensuring that contracts with suppliers who process data on your behalf are current and comprehensive is essential. Conducting due diligence, such as audits, to verify their adherence to secure data handling practices is advisable.

5. Data Incident/Data Breach Processes:

Establishing clear procedures for reporting data incidents or breaches within your organization is paramount. Educating employees and contractors on how to recognize and report such incidents promptly is crucial for compliance.

Given the stringent reporting timeframe of 72 hours under data protection legislation, having an emergency response protocol, including an out-of-hours contact method, can mitigate delays in reporting.

6. Data Protection Training:

Providing regular data protection training for employees, contractors, and freelancers is a legal requirement under the UK GDPR. This training should encompass onboarding sessions for new hires, annual refreshers, and role-specific training to ensure awareness and compliance.

Implementing a communication campaign to reinforce data protection and security protocols can help maintain vigilance among staff members.

Finally, we are navigating an explosion of AI tools and systems in the workplace. This is a fast-moving space and whilst we are still waiting for the first AI legislation to come into force it’s important to keep data protection, confidentiality and IP top of mind when introducing AI tools onto your business.

Farringford Legal’s Data Protection Consultant supports SMEs in navigating the complexities of this area of legislation and regulation. We can help review and update your policies, and support you in setting up processes and training programmes.