Trustees and data protection—part two
Produced in partnership with Adam Carvalho, Owen O'Rorke and Alan Baker of Farrer & Co
Trustees and data protection—part two

The following Private Client guidance note Produced in partnership with Adam Carvalho, Owen O'Rorke and Alan Baker of Farrer & Co provides comprehensive and up to date legal information covering:

  • Trustees and data protection—part two
  • Data Protection Act 2018
  • How do subject access requests work?
  • A practical example—trustee minutes
  • The impact of the General Data Protection Regulation
  • The wider context including Foreign Account Tax Compliance Act and the OECD's Common Reporting Standard
  • Brexit impact

STOP PRESS: On 11 March 2020, the Court of Appeal issued a judgment allowing both appeals in the Dawson-Damer v Taylor Wessing LLP case as to (1) whether Taylor Wessing could rely on the legal professional privilege (LPP) exemption in the Data Protection Act 1998 (DPA 1998) (appealed by Dawson-Damer) and (2) whether certain paper files constitute a ‘relevant filing system’ for the purposes of DPA 1998 (appealed by Taylor Wessing). The outcome of the Court of Appeal case may impact the content of this Practice Note. More analysis and updates will be provided shortly.

Brexit impact: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: Brexit—implications for data protection.

This Practice Note should be read alongside Practice Note: Trustees and data protection—part one. It considers the data protection regime under the Data Protection Act 2018 (DPA 2018) and the EU General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR) with effect from 25 May 2018. It also considers equivalent provisions (where relevant) under the former Data Protection Act 1998 (DPA 1998) regime. For more detailed