The following Practice Compliance guidance note provides comprehensive and up to date legal information covering:
ARCHIVED: This archived Practice Note reflects the data protection regime before 25 May 2018 under the Data Protection Act 1998 (DPA 1998). It is for background information only and is not maintained. We will shortly publish an alternative practice note reflecting the current data protection regime.
DPA 1998 governs the processing of personal data in the UK. It obliges processors of personal data to comply with eight principles and gives individuals a right to know what information is held about them.
This Practice Note summarises the data protection requirements in relation to outsourcing.
The SRA Handbook commences with ten SRA Principles. These are mandatory and apply to every aspect of practice. In relation to data protection, the most relevant SRA Principles are those requiring you to:SRA Principles 2011
uphold the rule of law and the proper administration of justice
act with integrity
behave in a way that maintains public trust
comply with your legal and regulatory obligations
The SRA does not give a list of regulatory requirements on the data protection implications of outsourcing; rather, it describes outcomes you must achieve in order to comply with the SRA Principles. These outcomes are mandatory and are supported by indicative behaviours, which specify, but do not constitute an exhaustive list of, the kind of behaviour that
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