Data protection for Private Client

Individuals, trustees, personal representatives and their advisers are subject to increasingly numerous and far reaching compliance and regulatory obligations. While seeking to navigate the regimes aimed at increasing transparency and minimising tax evasion worldwide, at the same time as ensuring compliance with data protection rules, trustees must have regard to their fiduciary duties and other trust law principles, such as confidentiality.

Data protection and the EU and UK General Data Protection Regulations

On 25 May 2018, the EU General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) came into effect in the UK, along with many parts of the Data Protection Act 2018 (DPA 2018). The EU GDPR introduced several changes to the data protection regime, including:

  1. an increase to the territorial scope of EU data protection law

  2. additional and extended data subject rights

  3. additional obligations and liabilities for data controllers and data processors

  4. increased powers for the supervisory authorities (such as the Information Commissioner's Office)

Retained Regulation (EU) 2016/679 (UK GDPR) replaced the EU GDPR, from 11 pm (UK time) on 31 December 2020. Assimilated law ...

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