Aims and Objectives
The EU General Data Protection Regulation (GDPR) introduced new obligations and financial penalties arising from data breaches. The Regulation came into force on 25 May 2018. Law firms are data controllers and as such have to comply with the GDPR provisions.
GDPR represents an “evolution” of rights and obligations, but a “revolution” in respect of the administrative compliance burden and sanctions for non-compliance. Law firms need to comply with increased data protection obligations and also need to show ‘accountability’. This includes a need to demonstrate compliance by having policies and procedures in place.
Since the implementation of the GDPR, and the public’s increased awareness of rights to information, the number of Subject Access Requests being received by Law Firms and their clients is on the increase. Requests for data may come from clients, other law firms, employees and other third parties. Law Firms need to deal with these access requests efficiently and lawfully with minimum disruption to the work of the practice. Law Firms also need to be in a position to advise their clients on how best to handle access requests.
Modules and Topics
Module 1 - An Introduction to GDPR
- An overview of the changes
Paul Lavery, Partner, Head of Tech. & Innovation Group, McCann FitzGerald - The SME Toolkit
Pat Moran, Cyber Security & Data, Privacy Leader, PwC Ireland - Right of Access
Maureen Daly, Partner, Tech. & Intellectual Property, Beauchamps Solicitors - Breaches and Data Litigation
Ann Henry, Partner, TMT & IP Litigation, Pinsent Masons
* Note: this module was recorded end 2017.
Module 2 - How to Get your Law Firm GDPR Ready – a Practical Guide
Paul Lavery, Partner, Head of Technology & Innovation Group, McCann FitzGerald
- The main requirements of GDPR including the main changes from existing data protection law
- The Irish Data Protection Bill
- Recommended steps for compliance
- Recommended notices, policies and contracts which law firms should have in place to assist in evidencing GDPR compliance.
Module 3 - Subject Access Requests
Paul Lavery, Partner, Head of Technology & Innovation Group, McCann FitzGerald
- Legislative provisions under the GDPR and the Data Protection Act 2018 which are relevant to access requests
- Formalities for dealing with a request
- Time frames
- Parameters of access request – “personal data” relating to the requester
- Exemptions
- When is an access request “manifestly unfounded or excessive”
- How do access requests impact on the solicitor’s lien
- Format of response letter
- Form of access
- Rights of appeal/complaint
- Summary checklist and procedure
- Data Protection Commission guidance
*CPD hours for GDPR training may be claimed as either Management & Professional Development Skills OR Regulatory Matters.
Speakers
Paul Lavery, Partner, McCann FitzGerald Solicitors, Dublin
Paul is head of the Technology & Innovation Group in McCann FitzGerald and advises on a wide range of data protection, information technology, outsourcing, e-commerce, confidentiality and intellectual property issues. He writes and lectures widely on these and other topics. He is also a member of the Law Society Intellectual Property & Data Protection Law Committee
Maureen Daly, Partner, Tech. & Intellectual Property, Beauchamps Solicitors
Maureen is partner and head of the data protection & freedom of information team as well as the technology & intellectual property team at Beauchamps. She works with many renowned domestic and global brands particularly in the food & beverage, film, sports, technology & communications, travel, pharmaceutical and retail sectors as well as with SMEs, start-ups, charities, not-for-profit organisations and public sector bodies. Maureen advises on a wide range of data protection, freedom of information, data retention, intellectual property, confidentiality, technology, outsourcing and e-commerce issues. She is a member (and former chair) of the Intellectual Property & Data Protection Law Committee of the Law Society of Ireland.
Pat Moran, Cyber Security & Data, Privacy Leader, PwC Ireland
Ann Henry, Partner, Philip Lee, Dublin
Ann Henry is a partner with Philip Lee where she specialises in commercial litigation disputes concerning intellectual property, data, regulatory and contract law. She is Chair of the Intellectual Property and Data Law Committee of the Law Society and she is a member of the Government’s Data Forum.
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- This course must be completed in full to avail of the CPD hours on offer – a partially completed course will not qualify for any CPD accreditation.
- This course is available from date of purchase to 31 December 2020. You should download any course materials you require before this date as you cannot access the course after 31 December 2020
- Solicitors may now complete the entire 2020 CPD requirement of 20 hours online. For more information see www.lawsociety.ie/CPDscheme
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