INTERPRETATION AND DEFINITIONS
1.1 Background to the General Data Protection Regulation (‘GDPR’)
The EU General Data Protection Regulation 2016 replaces the EU Data Protection Directive of 1995 and supersedes the laws of individual Member States that were developed in compliance with the Data Protection Directive 95/46/EC. Its purpose is to protect the “rights and freedoms” of natural persons (i.e. living individuals) and to ensure that personal data is not processed without their knowledge, and, wherever possible, that it is processed with their consent.
From 1st January 2021, the UK is bound by the UK GDPR which implements the principles of the EU GDPR into domestic law. This works alongside the Data Protection Act 2018 and other relevant las
1.2 Definitions used by Project Offset Limited (drawn from the GDPR)
Material scope (Article 2) – the GDPR applies to the processing of personal data wholly or partly by automated means (e.g. by computer) and to the processing other than by automated means of personal data (e.g. paper records) that form part of a filing system or are intended to form part of a filing system.
Territorial scope (Article 3) – the EU GDPR applies to all controllers and processors established in the European Union (EU) that process the personal data of data subjects, in the context of that establishment. It also applies to controllers and processors outside of the EU that process personal data in order to offer goods and services, or monitor the behaviour of data subjects who are resident in the EU.
The UK GDPR applies to all controllers and processors established in the UK that process the personal data of UK residents. It also applies to controllers and processors outside of the UK that process personal data in order to offer goods and services, or monitor the behaviour of data subjects resident in the UK.
1.3 Article 4 definitions
Main establishment – the main establishment of the controller in the EU will be the place in which the controller makes the main decisions as to the purpose and means of its data processing activities. The main establishment of a processor in the EU will be its administrative centre. If a controller or processor is based outside the EU, it will have to appoint a representative in the jurisdiction in which the controller or processor operates to act on behalf of the controller or processor and deal with supervisory authorities. This term is not used in the UK GDPR.
Personal data – any information relating to an identified or identifiable natural person (data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Special categories of personal data – personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural persons sex life or sexual orientation.
Data controller – the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Under the UK GDPR, the controller is the organisation that is required to perform the processing under law.
Data subject – any living individual who is the subject of personal data held by an organisation.
Processing – any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Profiling – is any form of automated processing of personal data intended to evaluate certain personal aspects relating to a natural person, or to analyse or predict that person’s performance at work, economic situation, location, health, personal preferences, reliability, or behaviour. This definition is linked to the right of the data subject to object to profiling and a right to be informed about the existence of profiling, of measures based on profiling and the envisaged effects of profiling on the individual.
Personal data breach – a breach of security leading to the accidental, or unlawful, destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed. There is an obligation on the controller to report personal data breaches to the supervisory authority and where the breach is likely to adversely affect the personal data or privacy of the data subject.
Data subject consent – means any freely given, specific, informed and unambiguous indication of the data subjects wishes by which they, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data.
Child – the GDPR defines a child as anyone under the age of 16 years old, although this may be lowered to 13 by Member State law. The processing of personal data of a child is only lawful if parental or custodian consent has been obtained. The controller shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility over the child.
Under the UK GDPR, the age of consent for information society services is 13.
Third party – a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Filing system – any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.
2. Policy statement
2.1 The Board of Directors and management of Project Offset Limited, located at: HERE, 470 Bath Road, Bristol, BS4 3RP, are committed to compliance with the UK GDPR, the Data Protection Act
2018, and all relevant EU and Member State laws in respect of personal data , and the protection of the “rights and freedoms” of individuals whose information Project Offset Limited collects and processes in accordance with the GDPR.
2.2 Compliance with the GDPR is described by this policy and other relevant policies such as the Information Security Policy, along with connected processes and procedures.
2.3 The GDPR and this policy apply to all of Project Offset Limited’s personal data processing functions, including those performed on customers’, clients’, employees’, suppliers’ and partners’ personal data, and any other personal data the organisation processes from any source.
2.4 Project Offset Limited has established objectives for data protection and privacy, which are in the PIMS and GDPR Objectives Record.
2.5 The Data Protection Officer, GDPR Owner, or CTO is responsible for reviewing the register of processing annually in the light of any changes to Project Offset Limited’s activities (as determined by changes to the data inventory register and the management review) and to any additional requirements identified by means of data protection impact assessments. This register needs to be available on the ICO’s or other relevant supervisory authority’s request.
2.6 This policy applies to all Employees and Contractors , directors, and interested parties of Project Offset Limited such as outsourced suppliers. Any breach of the GDPR or this PIMS will be dealt with under Project Offset Limited’s disciplinary policy and may also be a criminal offence, in which case the matter will be reported as soon as possible to the appropriate authorities.
2.7 Partners and any third parties working with or for Project Offset Limited, and that have or may have access to personal data, will be expected to have read and understood this policy, and to comply with it. No third party may access personal data held by Project Offset Limited without having first entered into a data confidentiality agreement which imposes on the third-party obligations no less onerous than those to which Project Offset Limited is committed, and which gives Project Offset Limited the right to audit compliance with the agreement.
Personal information management system (PIMS)
To support compliance with the GDPR, the Board of Directors has approved and supported the development, implementation, maintenance and continual improvement of a documented personal information management system (‘PIMS’) for Project Offset Limited.
All Employees and Contractors of Project Offset Limited
and relevant external parties identified in the PIMS are expected to comply with this policy and with the PIMS that implements this policy. All Employees and Contractors, and certain external parties, will receive appropriate training. The consequences of breaching this policy are set out in Project Offset Limited’s disciplinary policy and in contracts and agreements with third parties.
In determining its scope for compliance with relevant regulations and certifications and the GDPR, Project Offset Limited considers:
Any external and internal issues that are relevant to the purpose of Project Offset Limited and that affect its ability to achieve the intended outcomes of its PIMS;
Specific needs and expectations of interested parties that are relevant to the implementation of the PIMS;
Organisational objectives and obligations;
The organisation’s acceptable level of risk; and
Any applicable statutory, regulatory or contractual obligations.
The PIMS Scope Statement is documented here.
Project Offset Limited’s objectives for compliance with the GDPR and a PIMS:
Are consistent with this policy;
Take into account the GDPR
Take into account the results from risk assessments and risk treatments;
Are monitored (in line with the Monitoring, Measurement, Analysis, Evaluation Procedure); Are communicated (in line with the Communications Procedure); and
Are updated as appropriate (in line with the Continual Improvement Procedure).
Project Offset Limited documents those objectives in the PIMS and GDPR Objectives Record.
In order to achieve these objectives, Project Offset Limited has determined:
What will be done
What resources will be required Who will be responsible
When it will be completed
How the results will be evaluated
3. Responsibilities and roles under the GDPR
3.1 Project Offset Limited is a data controller and data processor under the GDPR.
3.2 Top Management and all those in managerial or supervisory roles throughout Project Offset Limited are responsible for developing and encouraging good information handling practices within Project Offset Limited; responsibilities are set out in individual job descriptions.
3.3 The Data Protection Officer/GDPR Owner (Data Protection Officer Job Description and Data Protection Job Description Responsibilities), a role specified in the GDPR, should be a member of the Senior Management team, and is accountable to the Board of Directors of Project Offset Limited for the management of personal data within Project Offset Limited and for ensuring that compliance with data protection legislation and good practice can be demonstrated. This accountability includes:
3.3.1 Development and implementation of the GDPR as required by this policy; and
3.3.2 Security and risk management in relation to compliance with the policy.
3.4 The Data Protection Officer, who the Board of Directors considers suitably qualified and experienced, has been appointed to take responsibility for Project Offset Limited’s compliance with this policy on a day-to- day basis and, in particular, has direct responsibility for ensuring that Project Offset Limited complies with the GDPR, as do ManagerExecutive (genericline)’s in respect of data processing that takes place within their area of responsibility.
3.5 The Data Protection Officer, GDPR Owner, or CTO has specific responsibilities in respect of procedures such as the Subject Access Request Procedure and is the first point of call for Employees and Contractors seeking clarification on any aspect of data protection compliance.
3.6 Compliance with data protection legislation is the responsibility of all Employees and Contractors of Project Offset Limited who process personal data.
3.7 Project Offset Limited’s Training Policy sets out specific training and awareness requirements in relation to specific roles and Employees and Contractors of Project Offset Limited generally.
3.8 Employees and Contractors of Project Offset Limited are responsible for ensuring that any personal data about them and supplied by them to Project Offset Limited is accurate and up to date.
4. Data protection principles
All processing of personal data must be conducted in accordance with the data protection principles as set out in Article 5 of the GDPR. Project Offset Limited’s policies and procedures are designed to ensure compliance with the principles.
4.1 Personal data must be processed lawfully, fairly and transparently
Lawful – identify a lawful basis before you can process personal data. These are often referred to as the “conditions for processing”, for example consent.
Fairly – in order for processing to be fair, the data controller has to make certain information available to the data subjects as practicable. This applies whether the personal data was obtained directly from the data subjects or from other sources.
The GDPR has increased requirements about what information should be available to data subjects, which is covered in the ‘Transparency’ requirement.
Transparently – the GDPR includes rules on giving privacy information to data subjects in Articles 12, 13 and 14. These are detailed and specific, placing an emphasis on making privacy notices understandable and accessible. Information must be communicated to the data subject in an intelligible form using clear and plain language.
Project Offset Limited’s Privacy Procedure is set out here and the Privacy Notice is recorded here. The specific information that must be provided to the data subject must, as a minimum, include:
4.1.1 The identity and the contact details of the controller and, if any, of the controllers representative; 4.1.2 The contact details of the Data Protection Officer;
4.1.3 The purposes of the processing for which the personal data are intended as well as the legal basis for the processing;
4.1.4 The period for which the personal data will be stored;
4.1.5 The existence of the rights to request access, rectification, erasure or to object to the processing, and the conditions (or lack of) relating to exercising these rights, such as whether the lawfulness of previous processing will be affected;
4.1.6 The categories of personal data concerned;
4.1.7 The recipients or categories of recipients of the personal data, where applicable;
4.1.8 Where applicable, that the controller intends to transfer personal data to a recipient in a third country and the level of protection afforded to the data; and
4.1.9 Any further information necessary to guarantee fair processing.
4.2 Personal data can only be collected for specific, explicit and legitimate purposes
Data obtained for specified purposes must not be used for a purpose that differs from those formally notified to the supervisory authority as part of Project Offset Limited’s GDPR register of processing. The Privacy Procedure sets out the relevant procedures.
4.3 Personal data must be adequate, relevant and limited to what is necessary for processing.
4.3.1 The Data Protection Officer, GDPR Owner, or CTO is responsible for ensuring that Project Offset Limited does not collect information that is not strictly necessary for the purpose for which it is obtained (refer to the Data Protection Impact Assessment (DPIA) Tool for the data flow/mapping).
4.3.2 All data collection forms (electronic or paper-based), including data collection requirements in new information systems, must include a fair processing statement or link to a privacy statement, and be approved by the Data Protection Officer, GDPR Owner, or CTO
4.3.3 The Data Protection Officer, GDPR Owner, or CTO will ensure that, on an at least annual basis, all data collection methods are reviewed by the top level management steering committee to ensure that collected data continues to be adequate, relevant and not excessive (Data Protection Impact Assessment Procedure and Data Protection Impact Assessment (DPIA) Tool).
4.4 Personal data must be accurate and kept up to date with every effort to erase or rectify without delay
4.4.1 Data that is stored by the data controller must be reviewed and updated as necessary. No data should be kept unless it is reasonable to assume that it is accurate.
4.4.2 The Data Protection Officer is responsible for ensuring that all staff are trained in the importance of collecting accurate data and maintaining it.
4.4.3 It is also the responsibility of the data subject to ensure that data held by Project Offset Limited is accurate and up to date. Completion of a registration or application form by a data subject will include a statement that the data contained therein is accurate at the date of submission.
4.4.4 Employees, contractors, partners, and customers should be required to notify Project Offset Limited of any changes in circumstance to enable personal records to be updated accordingly. Instructions for updating records are contained in the company documentation. It is the responsibility of Project Offset Limited to ensure that any notification regarding change of circumstances is recorded and acted upon.
4.4.5 The Data Protection Officer, GDPR Owner, or CTO is responsible for ensuring that appropriate procedures and policies are in place to keep personal data accurate and up to date, taking into account the volume of data collected, the speed with which it might change and any other relevant factors.
4.4.6 On at least an annual basis, the Data Protection Officer, GDPR Owner, or CTO will review the retention dates of all the personal data processed by Project Offset Limited, by reference to the data inventory, and will identify any data that is no longer required in the context of the registered purpose. This data will be securely deleted/destroyed in line with the Secure Disposal of Storage Media Procedure.
4.4.7 The Data Protection Officer, GDPR Owner, or CTO is responsible for responding to requests for rectification from data subjects within one month (Subject Access Request Procedure). This can be extended by a further two months for complex requests. If Project Offset Limited decides not to comply with the request, the Data Protection Officer, GDPR Owner, or CTO must respond to the data subject to explain its reasoning and inform them of their right to complain to the supervisory authority and seek judicial remedy.
4.4.8 The Data Protection Officer, GDPR Owner, or CTO is responsible for making appropriate arrangements that, where third-party organisations may have been passed inaccurate or out-of-date personal data, to inform them that the information is inaccurate and/or out of date and is not to be used to inform decisions about the individuals concerned; and for passing any correction to the personal data to the third party where this is required.
4.5 Personal data must be kept in a form such that the data subject can be identified only as long as is necessary for processing.
4.5.1 Where personal data is retained beyond the processing date, it will be minimised and pseudonymised in order to protect the identity of the data subject in the event of a data breach.
4.5.2 Personal data will be retained in line with the Retention of Records Procedure and, once its retention date is passed, it must be securely destroyed as set out in this procedure.
4.5.3 The Data Protection Officer, GDPR Owner, or CTO must specifically approve any data retention that exceeds the retention periods defined in the Retention of Records Procedure, and must ensure that the justification is clearly identified and in line with the requirements of the data protection legislation. This approval must be written.
4.6 Personal data must be processed in a manner that ensures appropriate security [%AuthorNote:”Refer to Articles 24 and 32. Refer to Clause 7 below”%]
The Data Protection Officer, GDPR Owner, or CTO will carry out a risk assessment taking into account all the circumstances of Project Offset Limited’s controlling or processing operations.
In determining appropriateness, the Data Protection Officer, GDPR Owner, or CTO should also consider the extent of possible damage or loss that might be caused to individuals (e.g. staff or customers) if a security breach occurs, the effect of any security breach on Project Offset Limited itself, and any likely reputational damage including the possible loss of customer trust.
When assessing appropriate technical measures, the Data Protection Officer, GDPR Owner, or CTO will consider the following:
Password protection (User Access Management).
Automatic locking of idle terminals.
Removal of access rights for USB and other memory media (Access Control Rules and Rights Procedure and Secure Disposal of Storage Media).
Virus-checking software and firewalls (Wireless Notebook Computer Security Procedure).
Role-based access rights including those assigned to temporary staff (Access Control Rules and Rights Procedure).
Encryption of devices that leave Project Offset Limited’s premises such as laptops (Wireless Notebook Computer Security Procedure).
Security of local and wide area networks (Wireless Notebook Computer Security Procedure). Privacy-enhancing technologies such as pseudonymisation and anonymisation.
Identifying appropriate international security standards relevant to Project Offset Limited.
When assessing appropriate organisational measures, the Data Protection Officer, GDPR Owner, or CTO will consider:
The appropriate training levels throughout Project Offset Limited;
Measures that consider the reliability of employees (such as references, etc.);
Including data protection in employment contracts;
Identifying disciplinary action measures for data breaches;
Monitoring staff for compliance with relevant security standards;
Physical access controls to electronic and paper-based records;
Adopting a clear desk policy;
Storing paper-based data in lockable fire-proof cabinets;
Restricting the use of portable electronic devices outside of the workplace;
Restricting the use of employees’ own personal devices being used in the workplace;
Adopting clear rules about passwords;
Making regular backups of personal data and storing the media off-site; and
Imposing contractual obligations on the importing organisations to take appropriate security measures when transferring data outside the EEA.
These controls have been selected on the basis of identified risks to personal data, and the potential for damage or distress to individuals whose data is being processed.
Project Offset Limited’s compliance with this principle is contained in its information security management system (ISMS), which has been developed in line with ISO/IEC 27001:2013 and the Information Security Policy.
4.7 The controller must be able to demonstrate compliance with the GDPR’s other principles (accountability)
The GDPR includes provisions that promote accountability and governance. These complement the GDPR’s transparency requirements. The accountability principle in Article 5(2) requires you to demonstrate that you comply with the principles and states explicitly that this is your responsibility.
Project Offset Limited will demonstrate compliance with the data protection principles by implementing data protection policies, adhering to codes of conduct, implementing technical and organisational measures, and adopting techniques such as data protection by design, DPIAs, breach notification procedures and incident response plans.
5. Data subjects’ rights
5.1 Data subjects have the following rights regarding data processing, and the data that is recorded about them:
5.1.1 The right to be informed when their personal data is being processed.
5.1.2 The right to access personal data held about them, including the nature of information held and to whom it has been disclosed.
5.1.3 The right to have processing restricted in certain cases.
5.1.4 The right to prevent processing for purposes of direct marketing.
5.1.5 The right to be informed about the mechanics of automated decision-making processes that will significantly affect them.
5.1.6 The right to not have significant decisions that will affect them made solely by automated process. 5.1.7 The right to sue for compensation if they suffer damage by any contravention of the GDPR.
5.1.8 The right to have personal data rectified or erased and to block processing of personal data.
5.1.9 The right to object to processing in specific instances.
5.1.10 The right to request the supervisory authority to assess whether any provision of the GDPR has been contravened.
5.1.11 The right to have personal data provided to them in a structured, commonly used and machine- readable format, and the right to have that data transmitted to another controller.
5.1.12 The right to object to any automated profiling that is occurring without consent.
5.2 Project Offset Limited ensures that data subjects may exercise these rights:
5.2.1 Data subjects may make data subject access requests (SARs) as described in the Subject Access Request Procedure; this procedure also describes how Project Offset Limited will ensure that its response to the data access request complies with the requirements of the GDPR.
5.2.2 Data subjects may use data SARs to exercise their other rights.
5.2.3 Data subjects have the right to complain to Project Offset Limited related to the processing of their personal data, the handling of a request from a data subject and appeals from a data subject on how complaints have been handled in line with the Complaints Procedure.
6.1 Project Offset Limited understands ‘consent’ to mean that it has been explicitly and freely given, and a specific, informed and unambiguous indication of the data subject’s wishes that, by statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to them. The data subject can withdraw their consent at any time.
6.2 Project Offset Limited understands ‘consent’ to mean that the data subject has been fully informed of the intended processing and has signified their agreement, while in a fit state of mind to do so and without pressure being exerted upon them. Consent obtained under duress or on the basis of misleading information will not be a valid basis for processing.
6.3 There must be some active communication between the parties to demonstrate active consent. Consent cannot be inferred from non-response to a communication. The controller must be able to demonstrate that consent was obtained for the processing operation.
6.4 For sensitive data, explicit written consent (Consent Procedure) of data subjects must be obtained unless an alternative legitimate basis for processing exists.
6.5 In most instances, consent to process personal and sensitive data is obtained routinely by Project Offset Limited using standard consent documents e.g. when a new client signs a contract, or during induction for participants on programmes.
6.6 Where Project Offset Limited provides online services to children, parental or custodial authorisation must be obtained. This requirement applies to children under the age of 16
7. Security of data
7.1 All Employees and Contractors are responsible for ensuring that any personal data that Project Offset Limited holds and for which they are responsible, is kept securely and is not under any conditions disclosed to any third party unless that third party has been specifically authorised by Project Offset Limited to receive that information and has entered into a confidentiality agreement
7.2 All personal data should be accessible only to those who need to use it, and access may only be granted in line with the Access Control Policy. All personal data should be treated with the highest security and must be kept:
If hard copy, in a lockable room with controlled access; and/or
If hard copy, in a locked drawer or filing cabinet; and/or
If electronic, password protected in line with corporate requirements in the Access Control Policy;
If electronic, stored on (removable) computer media that is encrypted in line with Secure Disposal of Storage Media.
7.3 Care must be taken to ensure that PC screens and terminals are not visible except to authorised Employees and Contractors of Project Offset Limited. All Employees and Contractors are required to enter into an Individual User Agreement before they are given access to organisational information of any sort, which details rules on screen time-outs.
7.4 Hard-copy records may not be left where they can be accessed by unauthorised personnel and may not be removed from business premises without explicit written (including email) authorisation. As soon as hard-copy records are no longer required for day-to-day client support, they must be removed from secure archiving in line with information disposal procedures.
7.5 Personal data may only be deleted or disposed of in line with the Retention of Records Procedure. Hard- copy records that have reached their retention date are to be shredded and disposed of as ‘confidential waste’. Hard drives of redundant PCs are to be removed and immediately destroyed as required by Secure Disposal of Storage Media before disposal.
7.6 Processing of personal data ‘off-site’ presents a potentially greater risk of loss, theft or damage to personal data. Staff must be specifically authorised to process data off-site.
8. Disclosure of data
8.1 Project Offset Limited must ensure that personal data is not disclosed to unauthorised third parties, which include family members, friends, government bodies and, in certain circumstances, the police. All Employees and Contractors should exercise caution when asked to disclose personal data held on another individual to a third party and will be required to attend training that enables them to deal effectively with any such risk. It is important to bear in mind whether or not disclosure of the information is relevant to, and necessary for, the conduct of Project Offset Limited’s business.
8.2 All requests to provide data for one of these reasons must be supported by appropriate paperwork and all such disclosures must be specifically authorised by the Data Protection Officer, GDPR Owner, CTO or other member of top management.
9. Retention and disposal of data
9.1 Project Offset Limited shall not keep personal data in a form that permits identification of data subjects for longer a period than is necessary, in relation to the purpose(s) for which the data was originally collected.
9.2 Project Offset Limited may store data for longer periods if the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to the implementation of appropriate technical and organisational measures to safeguard the rights and freedoms of the data subject.
9.3 The retention period for each category of personal data will be set out in the Retention of Records Procedure along with the criteria used to determine this period, including any statutory obligations Project Offset Limited has to retain the data.
9.4 Project Offset Limited’s data retention and data disposal procedures (Secure Disposal of Storage Media) will apply in all cases.
9.5 Personal data must be disposed of securely in accordance with the sixth principle of the GDPR – processed in an appropriate manner to maintain security, thereby protecting the ‘rights and freedoms’ of data subjects. Any disposal of data will be done in accordance with the Secure Disposal of Storage Media.
10. Data transfers
10.1 Under the EU GDPR, all exports of data from within the European Economic Area (EEA) to non-EEA countries (referred to in the GDPR as ‘third countries’) are unlawful unless there is an appropriate “level of protection for the fundamental rights of the data subjects”.
Under the UK GDPR, all exports of data from within the UK to other countries (third countries) are unlawful unless there is an appropriate “level of protection for the fundamental rights of the data subjects”.
The transfer of personal data outside of the EEA and UK is prohibited unless one or more of the specified safeguards, or exceptions, apply:
10.1.1 An adequacy decision
Under the EU GDPR, the European Commission can and does assess third countries, a territory and/or specific sectors within third countries to assess whether there is an appropriate level of protection for the rights and freedoms of natural persons. In these instances, no authorisation is required.
Countries that are members of the EEA but not of the EU are accepted as having met the conditions for an adequacy decision.
A list of countries that currently satisfy the adequacy requirements of the Commission are published in the Official Journal of the European Union: http://ec.europa.eu/justice/data-protection/international- transfers/adequacy/index_en.htm
Under the UK GDPR, the ICO and the Secretary of State for Digital, Culture, Media and Sport can award adequacy decisions to countries that meet the UK’s standards for data protection. No authorisation is required for transfers to these countries.
The UK has awarded adequacy decisions to the EEA and all countries that the EU has awarded adequacy decisions as of 1 January 2021.
10.1.2 Binding corporate rules
Project Offset Limited may adopt approved binding corporate rules for the transfer of data. This requires submission to the ICO or other relevant supervisory authority for approval of the rules that Project Offset Limited is seeking to rely upon. Binding corporate rules will not be valid if the protections set out in the rules cannot or will not be applied in the recipient state.
10.1.3 Standard contractual clauses
Project Offset Limited may adopt approved standard contractual clauses for the transfer of data. If Project Offset Limited adopts the standard contractual clauses approved by the relevant supervisory authority , there is an automatic recognition of adequacy, provided appropriate measures are taken to ensure the contract clauses can and will be applied within the recipient state.
In the absence of an adequacy decision, binding corporate rules and/or model contract clauses, a transfer of personal data to a third country or international organisation shall only take place on one of the following conditions:
The data subject has explicitly consented to the proposed transfer, after having been informed of the risks of such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards.
The transfer is necessary for the performance of a contract between the data subject and the controller or the implementation of pre-contractual measures taken at the data subjects request.
The transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the controller and another natural or legal person.
The transfer is necessary for important reasons of public interest.
The transfer is necessary for the establishment, exercise or defence of legal claims.
The transfer is necessary in order to protect the vital interests of the data subject or of other persons, where the data subject is physically or legally incapable of giving consent.
11. Information asset register/data inventory
11.1 Project Offset Limited has established a data inventory and data flow process as part of its approach to address risks and opportunities throughout its GDPR compliance project. Project Offset Limited’s data inventory and data flow determine (Data Protection Impact Assessment Procedure, and Data Protection Impact Assessment (DPIA) Tool):
Business processes that use personal data; Sources of personal data;
Volume of data subjects;
Description of each item of personal data; Processing activity;
And maintain the inventory of data categories of personal data processed;
And document the purpose(s) for which each category of personal data is used;
Recipients, and potential recipients, of the personal data;
The role of Project Offset Limited throughout the data flow; Key systems and repositories;
Any data transfers; and
All retention and disposal requirements.
11.2 Project Offset Limited is aware of any risks associated with the processing of particular types of personal data.
11.2.1 Project Offset Limited assesses the level of risk to individuals associated with the processing of their personal data. Data protection impact assessments (DPIAs) (Data Protection Impact Assessment Procedure and Data Protection Impact Assessment (DPIA) Tool) are carried out in relation to the processing of personal data by Project Offset Limited, and in relation to processing undertaken by other organisations on behalf of Project Offset Limited.
11.2.2 Project Offset Limited shall manage any risks identified by the risk assessment in order to reduce the likelihood of a nonconformity with this policy.
11.2.3 Where a type of processing, in particular using new technologies and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, Project Offset Limited shall, before the processing, carry out a DPIA on the envisaged processing operations on the protection of personal data. A single DPIA may address a set of similar processing operations that present similar high risks.
11.2.4 Where, as a result of a DPIA, it is clear that Project Offset Limited is about to commence processing of personal data that could cause damage and/or distress to the data subjects, the decision as to whether or not Project Offset Limited may proceed must be escalated for review to the Data Protection Officer, GDPR Owner, or CTO
11.2.5 The Data Protection Officer, GDPR Owner, or CTO shall, if there are significant concerns, either as to the potential damage or distress, or the quantity of data concerned, escalate the matter to the supervisory authority.
11.2.6 Appropriate controls will be selected from Annex A of ISO 27001 or other relevant standard as appropriate and applied to reduce the level of risk associated with processing individual data to an acceptable level, by reference to Project Offset Limited’s documented risk acceptance criteria and the requirements of the GDPR.
Document owner and approval
The Data Protection Officer/GDPR Owner is the owner of this document and is responsible for keeping it up to date.
The current version of this document is available to all employees, contractors, and partners under NDA, and is published on the company’s internal electronic document filing system.
Its approval status can be viewed in the Master List of Document Approval.