Conveyancing searches and GDPR

Statutory data protection duties apply to solicitors, as data controllers, as they apply to other individuals and companies processing personal data.

In processing the personal data of third parties (for example, the other party to a conveyance), solicitors need to be clear on the legal basis for the processing.

When personal data is furnished to law searchers to carry out conveyancing searches on closing, law firms should bear in mind that all controllers who engage processors to process personal data on their behalf are obliged to enter into a data processing contract and Article 28(3) of the GDPR sets out the terms that must be stipulated in the contract.

You should ensure any data processing contract with your law searchers to which you are a party is up to date and fully in compliance with the GDPR, and that it contains, at a minimum, the provisions which are prescribed and mandatory under Article 28(3) GDPR.

Law firms should identify processors carrying out data processing on their behalf and ensure that they undertake appropriate due diligence. The Law Society has published guidance and templates which may be of assistance. There is also guidance and resources on the Data Protection Commissioners’ website www.dataprotection.ie.