Data Protection: Are you hitting The Big 3?
Every organisation, big or small, handles personal information .
Think contacts (customers, suppliers, staff etc), finance (payroll, price lists, invoices, receipts etc) and products (designs, cost calculations, intellectual property etc).
With this responsibility comes risk. Cybercriminals are smarter, faster, and more cunning than ever.
Data breaches aren’t rare. They’re happening daily.
And for businesses, the consequences are severe: Heavy fines. Damaged reputations. Lost customer trust.
But compliance isn’t just about avoiding penalties and making profit. It’s about building trust, staying accountable, and protecting individual privacy.
This guide takes a look into 3 key regulations shaping UK and EU data protection:
- General Data Protection Regulation (GDPR)
- Data Protection Act 2018 (DPA2018)
- Privacy and Electronic Communications Regulations (PECR)
Together, these laws define how personal data is collected, stored, and shared. They also regulate how organisations communicate with individuals electronically.
1. General Data Protection Regulation (GDPR)
Whether you’re a small startup or a global giant, GDPR sets the rules for how you collect, store, and use personal data across the EU and UK.
(Even if your business is based elsewhere and just sells to these regions.)
It gives people control over their information while holding organisations accountable for how they handle it.
Let’s take a look at 3 key principles:
A. Data Subject Rights
GDPR gives people some solid rights to take charge of their personal data, like:
- Right of Access – Individuals can request copies of their personal data and information on how it is processed.
- Right to Rectification – Incorrect or incomplete data must be corrected promptly.
- Right to Erasure (“Right to Be Forgotten”) – Individuals can request data deletion under certain circumstances.
- Right to Restrict Processing – Allows individuals to limit how their data is used.
- Right to Data Portability – Data must be provided in a usable format, so you can transfer it to another organisation hassle-free.
B. Breach Notification
No one likes to think about data breaches, but GDPR ensures they’re not swept under the rug.
If a breach happens, organisations must notify the relevant authority, like the Information Commissioner’s Office (ICO) in the UK, within 72 hours. Also, if the breach poses a high risk to individuals, those affected must also be informed without unnecessary delay.
GDPR requires transparency and swift responses to minimise harm.
C. Data Protection Impact Assessments (DPIAs)
Big plans often come with big risks.
(Especially when handling sensitive or large-scale data.)
DPIAs are essentially a pre-emptive check to identify risks and plan how to tackle them before rolling out high-risk activities.
For example, launching a new app that processes medical records or implementing AI-driven analytics would require a thorough DPIA.
By spotting and addressing issues early, organisations protect individuals and avoid regulatory headaches.
This is just some basic details, if you want more in depth information, check out the GDPR’s website.
2. The Data Protection Act 2018 (DPA2018)
Think of the Data Protection Act 2018 (DPA2018) as the UK’s version of GDPR with a few unique twists.
It’s built to work seamlessly with GDPR while tailoring certain rules to fit the UK’s specific needs.
Here’s some of its requirements:
A. Lawful Basis for Processing
Before you can handle someone’s personal data, DPA2018 requires you to have a valid reason, or “lawful basis”.
There are 6 to choose from, and the one you pick depends on your situation:
- Consent – The individual has given clear, informed, and explicit permission.
- Contract – You need the data to fulfil a contract. For example, delivering a product to a customer.
- Legal Obligation – The law requires you to process the data. This could be something like filing employee tax information.
- Vital Interests – To protect someone’s life.
- Public Task – Data processing in the public interest or as part of official duties.
- Legitimate Interests – Your organisation needs the data for a valid reason, as long as it doesn’t override the individual’s rights. For instance, using data to prevent fraud.
B. Special Categories of Data
There is a wide variety of data out there.
And some types, like health records or biometric data, need extra care.
These fall under “special category data,” which includes:
- Racial or ethnic origin
- Political opinions
- Religious or philosophical beliefs
- Health data
- Genetic or biometric data (for identification purposes)
To process this kind of data, you need both a lawful basis and a specific condition outlined in DPA2018.
For example, handling health data for patient care would require explicit consent and compliance with relevant healthcare regulations.
C. Accountability Principle
It’s not enough to just follow the rules. You also have to prove it.
The DPA2018’s accountability principle means you need to show regulators that you’re serious about compliance.
How?
- Keep detailed records. Document every data processing activity.
- Set up strong internal policies.
- Run regular audits and risk assessments.
Again, this is just a brief overview of some key differences. For more in-depth information, be sure to explore the DPA’s relevant resources.
3. Privacy and Electronic Communications Regulations (PECR)
PECR is a set of rules that keeps electronic communications in check.
It works alongside GDPR.
The focus is on areas like email marketing, cookies, and how businesses track people online.
If you’re running a website, sending out marketing emails, or using analytics tools, PECR is a need to know.
So what does PECR cover?
A. Consent for Marketing
No one likes getting spammed, and PECR makes sure that doesn’t happen.
Organisations must get clear, explicit consent before sending marketing emails or SMS messages.
But there’s a small exception – the “soft opt-in”.
It only applies if:
- The individual is an existing customer.
- The marketing relates to similar products or services.
- The individual is given a clear option to opt out at the point of data collection and in every subsequent communication.
For example, if someone buys a pair of shoes from your online store, you could send them an email about a sale on similar footwear.
(As long as you offer a way to unsubscribe easily!)
B. Cookies and Tracking:
Ever seen a cookie banner pop up on a website?
That’s PECR in action.
Before placing non-essential cookies (like tracking or analytics cookies), websites must:
- Inform users about what the cookies do.
- Get their consent before deploying them.
This means you can’t just track users’ activity in the background.
You need to be upfront and give them the choice.
C. Communication Security
PECR also takes electronic communication security seriously.
Organisations must ensure that:
- Transmission channels (like email or online forms) are secure.
- Data is protected from unauthorised interception.
- Users’ privacy is prioritised every step of the way.
Think encrypted emails or secure payment portals.
PECR expects you to put privacy first.
Here’s a link to their legislation, if you’re interested in the specifics.
Regulations: A framework for accountability and trust
On the surface, data protection regulations might feel like a tedious box-ticking exercise.
But in reality, these frameworks help businesses become more accountable.
Together, DPA2018, GDPR, and PECR form a pretty comprehensive data protection regime to address the challenges of managing personal data responsibly.
That said, no single step or strategy will make your organisation 100% compliant.
Compliance is an ongoing journey which evolves alongside advancements in technology and the tactics of cybercriminals.
At Cyber Alchemy, we’re here to make compliance straightforward and practical.
Let’s focus on protecting what matters most: your customers, your reputation, and your peace of mind.
Contact us today and we can get started on your compliance journey.
