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Data Protection and Privacy

Practical and commercial advice to cut through the web of data regulation

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Data has evolved to become the lifeblood of global trade. In particular, in the digital economy, the commercial value attached to data has increased dramatically as businesses try to use data to predict and respond to their customers in ways that were not previously possible. 

Herbert Smith Freehills’ data protection and privacy practice is comprised of a global team of leading experts in the field of data protection and privacy. Our practice covers the full range of data protection, privacy and associated matters, including advising on general regulatory compliance, data transfers, subject access requests, employee monitoring and surveillance, cyber security, data breaches, data retention and global data compliance.

Our lawyers have been involved in drafting legislation, formulating regulation and advising in the area since its inception, and advise clients on contentious and non-contentious matters. Together with our professional support lawyers, we are also involved in the thought leadership aspects of data protection and privacy, including analysis of legal and industry developments in the data protection and privacy sectors and their impact on our clients and our practice. This has resulted in published articles, webinars and strategic advice to clients.

Our approach is to find practical and commercially realistic solutions to our clients’ data protection and privacy issues, with a focus on strategically maximising data value while minimising legal and reputational risks. This enables our team to be in the best position to provide comprehensive and strategically important data protection advice to our clients.

We benefit from a range of mandates (contentious and non-contentious) from clients across various sectors including public and private. This ensures we have a breadth and depth of knowledge that forms a strong basis to ensure we provide knowledgeable and pragmatic advice.

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Recent Experience

HAYS PLC AND OTHER ORGANISATIONS ACROSS SECTORS

Advising on data protection practices, across Europe, including undertaking a full review of its procedures and documentation as part of a project to prepare for implementation of the GDPR

MANUFACTURING AND RETAIL SECTOR

Advising clients on processing sensitive personal data, the employment-related data protection aspects of an investigation and monitoring of employees' emails and transferring and processing of employee data of hundreds of thousands of employees in the context of litigation across jurisdictions

INSURANCE CLIENTS

Advising clients on their response to subject access requests from employees/agency staff, preparing a revised protocol for responding to subject access requests compliant with the GDPR, advice regarding providing personal data to the authorities and profiling of financial services clients' employees to identify potential flags for inappropriate behaviour

ENERGY SECTOR CLIENTS

Advising companies on claims brought by individuals under the Data Protection Act 1998 for unlawful processing of personal data. Provided advise on pre-employment checks, subject access requests and BYOD policy terms of use

VARIOUS BANKS, FUNDS AND MULTINATIONALS

Advising on monitoring of employee emails, transfers of employee data (including outside the EEA) and responding to subject access requests from customers (including the use of various exemptions)

THE CHURCH OF ENGLAND

Advising on data protection advice in the context of provision of information to the Goddard/Jay Inquiry investigating institutional failings in relation to child sexual abuse

Our People