Regulatory Law

The General Data Protection Regulations (GDPRs) are the hot topic right now.  Organisations have been subject to the Data Protection Act 1984 for some time now; however, the GDPRs take data protection a large step further.  There is a lot of technical jargon used in relation to data protection. The protection applies to data subjects. Basically, these are individuals.  Organisations need to consider any information they have about an individual as something to be very carefully protected, as such they need to be very careful about what information they gather from individuals in the first place and they need to be very careful about what they do with it once they have the information, and then be very careful about the way in which they dispose of it.  

Individuals will have far greater rights in relation to the information.  Where there are breaches, fines could be astronomical.

Our work on the GDPRs is led by Nigel Tillott – our head of employment and regulatory law.  We can provide:-

• Advice upon specific issues arising, including fixed fee advice.  
• Audits.  
• Provision of policies and procedures relevant to your specific needs and where a Data Protection Officer is necessary we can act as one.

Various regulatory bodies look at these issues including the Advertising Standards Authority (ASA), Trading Standards and also various sector regulatory bodies.  

We are used to dealing with these issues on behalf of clients and often make representations to the various regulators on their part.  These may be in informal or attending hearings or appearing at Court.

We undertake work for clients in the direct marketing industry and have significant experience of the Consumer Protection from Unfair Trading Regulations.  

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However well intentioned things can and do go wrong.  When things do go wrong there is often a need to act quickly.  The Health and Safety Executive typically is involved straightaway.  Their approach often involves prosecution – in their view this is a good way of ensuring tightening of procedures and that there is no repeat.  

We can assist in providing advice needed upon an adverse development and can assist businesses and individuals in preparing for recorded interviews.  We can also appear with clients at such interviews. We can also negotiation with the Health and Safety Executive and, when necessary, represent clients in court.  

Trading Standards have a wide remit but, basically, they are there to protect consumers.  The Consumer Protection from Unfair Trading Regulations cover many aspects of how businesses are required to deal with consumers.  

We do have specialist knowledge of those regulations.  If Trading Standards do come calling we can assist you in responding to them, preparing for and attending with you at recorded interviews, and in representing you at court should a prosecution arise.

Those working in professions are governed by their professional regulatory bodies.  This might be for example the Law Society, the Royal Institute of Chartered Surveyors, the General Medical Council or a number of other bodies.  

If things go wrong these bodies may require an explanation and, in some cases, may require attendance before disciplinary hearings.  

We can advise you in relation to such matters and can assist you in preparing for disciplinary hearings and, as appropriate, represent you at such hearings.  

This is a specialist area, but we have significant experience in representing clients who are the subject of investigations by the PSA (Phone-paid Services Authority).  We assist by making representations and responding to the investigations and, as appropriate, assist clients in preparing for hearing before the regulators and/or representing them at those hearings.  

Sometimes there is a need to take action through the courts, possibly by application for an injunction.  Again, this is work which we undertake.

The financial services sector is very broad and the Financial Conduct Authority regulates over 150,000 businesses.  If it is subject to an investigation by the FCA or the business requires help in relation to regulatory requirement we can provide necessary help.

The Environment Agency has a wide remit.  Typical situations might involve water or other forms of pollution, but its remit goes far wider.  For example, it is charged with protecting wildlife such as badgers, and also covers waste management.  For example, there are complex regulations in relation to packaging.

We can advise in relation to compliance with environmental issues, and help you if the Environment Agency comes calling.  We can help you to prepare for recorded interviews and attend alongside you if the worst come to the worst.