GDPR and the Tendering process

The new data protection regulations, or GDPR as it is most commonly known, comes into force on 25 May 2018. The new rules have introduced heightened processes which every business must undergo when handling and processing personal data.

The latest challenge for businesses is to the consider the ramification if they are not complying with the new regulations. The fines imposed and reputational damage caused by not complying are significant. As such, organisations are looking at their supply chains in order to protect themselves. Controllers are liability for their compliance with GDPR and will only appoint processors who can provide sufficient guarantees that the requirements of the GDPR will be met and the rights of data subjects protected.

Many public and private tenders are increasingly asking suppliers if they are GDPR compliant. We’re becoming more aware of scenarios such as this, especially in the construction industry. Businesses are being asked:

1. if they are GDPR compliant;
2. if they are maintaining Data Processing Records; and
3. whether their standard contract terms include the new GDPR mandatory provisions.

It is not going to be satisfactory to simply answer yes. In order to get through the tender process, you need to show you are being complaint and provide evidence. Ensure your future tendering efforts don’t go to waste merely by a lack of GDPR compliance. It will be good practice to ensure your business compliant with GDPR, regardless, in the event of an ICO audit being carried out on your business.

When a data controller uses a processor, it needs to have a written contract, or a Processor Agreement, in place so that both parties understand their responsibilities and liabilities. A Processor Agreement will also help increase data subjects’ confidence in the handling of their personal data.

If you would like to contact someone from the Employment team about any of the issues in this blog, please email employment@mlplaw.co.uk. Alternatively, please call 0161 926 9969.

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