This policy sets out the obligations of Skills for Logistics Ltd regarding data protection and the rights of apprentices, employers, training providers, assessors, trainers, and employees (“data subjects”) in respect of their data under EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).
The GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”); an identifiable natural person can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the:
- Social identity
This Policy sets the company’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data. The procedures and principles set out herein must always be followed by the company, its employees, agents, contractors, or other parties working on behalf of the company.
The company is committed not only to the letter of the law, but also to the spirit of the law and high importance on the correct, lawful and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.
2. The Data Protection Principles
This policy aims to ensure compliance with the GDPR.
The GDPR sets out the following principles with which any party handling personal data must comply.
All personal data must be:
2.1. Processed lawfully, fairly, and transparently to the data subject.
2.2. Collected for specified, explicit, and legitimate purposes and not further processed in an incompatible manner. Further processing for archiving purposes in the public interest, scientific or historical research or statistical purposes shall not be considered incompatible with the initial purposes.
2.3. Adequate, relevant, and limited to what is necessary for the purposes for which it is processed.
2.4. Accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, regarding the purposes for which it is processed, erased, or rectified without delay.
2.5. Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed.
Personal data may be stored for longer periods as it will be processed solely for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes.
2.6. Processed appropriately, including protection against unauthorised or unlawful processing and accidental loss, destruction, or damage, using appropriate technical or organisational measures.
3. The Rights of Data Subjects
The GDPR sets out the following rights applicable to data subjects (please refer to the parts of this policy indicated for further details):
3.1. The right to be informed (Section 12).
3.2. The right of access (Section 13);
3.3. The right to rectification (Section 14);
3.4. The right to erasure (also known as the ‘right to be forgotten) (Section 15);
3.5. The right to restrict processing (Section 16);
3.6. The right to data portability (Section 17);
3.7. The right to object (Section 18);
3.8. Rights concerning automated decision-making and profiling (Sections 19 and 20).
4. Lawful, Fair, and Transparent Data Processing
4.1. The GDPR seeks to ensure that personal data is processed lawfully, fairly, and transparently without adversely affecting the rights of the data subject.
The GDPR states that processing of personal data shall be lawful if at least one of the following
4.1.1 The data subject has given consent to the processing of their data for one or more specific purposes;
4.1.2. The processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject before entering into a contract with them;
4.1.3 The processing is necessary for compliance with a legal obligation to which the data controller is subject;
4.1.4 The processing is necessary to protect the vital interests of the data subject or another natural person;
4.1.5 The processing is necessary for the performance of a task carried out in the public interest or the exercise of official authority vested in the data controller;
4.1.6 The processing is necessary for the legitimate interests pursued by the data controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
4.2. If the personal data in question is “special category data” (also known as “sensitive personal data”) (for example, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, or sexual orientation), at least one of the following conditions must be met.
4.2.1 The data subject has given their explicit consent to the processing of such data for one or more specified purposes (unless EU or EU Member State law prohibits them from doing so);
4.2.2 The processing is necessary for carrying out the obligations and exercising specific rights of the data controller or the data subject in the field of employment, social security, and social protection law.
4.2.3 The processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally
incapable of giving consent;
4.2.4 The data controller is a foundation, association, or other non-profit body with a political, philosophical, or religious aim, and the processing is carried out in the course of its legitimate activities provided that the processing relates solely to the members or former members of that body or to persons who have regular
contact with it in connection with its purposes and that the personal data is not disclosed outside the body without the consent of the data subjects;
4.2.5 The processing relates to personal data which is made public by the data subject;
4.2.6 The processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity;
4.2.7 The processing is necessary for substantial public interest reasons, based on EU or EU Member State law which shall be proportionate to the aim pursued, shall respect the essence of the right to data protection, and shall provide for suitable and specific measures to safeguard the fundamental rights
and interests of the data subject;
4.2.8 The processing is necessary for preventative or occupational medicine, for the assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social care or treatment, or the management of health or social care systems or services based on EU or EU Member State law or under a contract with a health professional, subject to the conditions and safeguards referred to in Article 9(3) of the GDPR;
4.2.9 The processing is necessary for public interest reasons in the area of public health, for example, protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and medicinal products or medical devices based on EU or EU Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject (in particular, professional secrecy);
4.2.10 The processing is necessary for archiving purposes in the public interest, historical research purposes, or statistical purposes by Article 89(1) of the GDPR based on EU or EU Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection, and provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject.
5. Specified, Explicit, and Legitimate Purposes
5.1. The company collects and processes the personal data set out in Section 21 of this Policy.
5.1.1 Personal data collected directly from data subjects, our website and publicly available resources.
5.1.2 Personal data obtained from third parties.
5.2 The company only collects, processes, and holds personal data for the specific purposes set out in Section 21 of this Policy (for other purposes expressly permitted by the GDPR).
Data subjects are informed of the purpose or purposes for which the company uses their data. Please refer to Section 12 for more information on keeping data subjects informed.
6. Adequate, Relevant, and Limited Data Processing
The company will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which data subjects have been informed (or will be informed) as under Section 5, above, and as set out in Section 21, below.
7. Accuracy of Data and Keeping Data Up-to-Date
7.1. The company shall ensure that all personal data collected, processed and held by it is kept accurate and up-to-date. This includes, but is not limited to, the rectification of personal data at the request of a data subject, as set out in Section 14 below.
7.2 The accuracy of personal data shall be checked when it is collected. If any personal data is inaccurate or out-of-date, then all reasonable steps will be taken to amend or erase that data as appropriate.
8. Data Retention
8.1. The company shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was collected, held, and processed.
8.2. When personal data is no longer required, all reasonable steps will be taken to safely dispose of it.
8.3. For full details of the company’s approach to data retention, including retention periods for specific personal data types held by the company, please refer to our Data Retention Policy.
9. Secure Processing
The company shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Further details of the technical and organisational measures which shall be taken are provided in Sections 22 to 27 of this policy.
10. Accountability and Record-Keeping
10.1. The Data Protection Officer will be responsible for overseeing the implementation of this policy and monitoring compliance with this policy and the company’s other data protection-related policies, including the GDPR.
10.3. The company shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:
10.3.1 The name and details of the company, its Data Protection Officer, and any applicable third-party data processors;
10.3.2 The purposes for which the company collects holds, and processes personal data;
10.3.3 Details of the categories of personal data collected, held, and processed by the company, and the categories of the data subject to which that personal data relates;
10.3.4 Details of how long personal data will be retained by the company (please refer to the company’s Data Retention Policy);
10.3.5 Detailed descriptions of all technical and organisational measures taken by the company to ensure the security of personal data.
11. Data Protection Impact Assessments
11.1. The company shall carry out Data Protection Impact Assessments for any new projects and new uses of personal data which involve the use of new technologies, and the processing involved is likely to result in a high risk to the rights and freedoms of data
subjects under the GDPR.
11.2. Data Protection Impact Assessments shall be overseen by the Data Protection Officer and shall address the following;
11.2.1 The type(s) of personal data that will be collected, held, and processed;
11.2.2 The purpose(s) for which personal data is to be used;
11.2.3 The Company’s objectives;
11.2.4 How personal data is to be used;
11.2.5 The parties (internal and/or external) who are to be consulted;
11.2.6 The necessity and proportionality of the data processing concerning the purpose(s) for which it is being processed;
11.2.7 Risks posed to data subjects;
11.2.8 Risks posed both within and to the company;
11.2.9 Proposed measures to minimise and handle identified risks.
12. Keeping Data Subjects Informed
12.1. The company shall provide the information set out in Section 12.2 to every data subject;
12.1.1 Where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection;
12.1.2 Where personal data is obtained from a third party, the relevant data subjects will be informed of its purpose;
a) if the personal data is used to communicate with the data subject when the first communication is made; or if the personal data is to be transferred to another party before that transfer is made;
b) as soon as possible and not more than one month after the data is obtained.
12.2. The following information shall be provided;
12.2.1 Details of the company including, but not limited to, the identity of its Data Protection Officer;
12.2.2 The purpose(s) for which the personal data is being collected and will be processed (as detailed in Section 21 of this Policy) and the legal basis justifying
that collection and processing;
12.2.3 Where applicable, the legitimate interests upon which the company is justifying its collection and processing of the personal data;
12.2.4 Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;
12.2.5 Where the personal data is to be transferred to one or more third parties, details of those parties;
12.2.6 Details of data retention;
12.2.7 Details of the data subject’s rights under the GDPR;
12.2.8 Details of the data subject’s right to withdraw their consent to the company’s processing of their data at any time;
12.2.9 Details of the data subject’s right to complain to the Information Commissioner’s Office (the “supervisory authority” under the GDPR);
12.2.10 Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it;
12.2.11 Details of any automated decision-making or profiling that will take place using the personal data, including information on how decisions will be made, the significance of those decisions, and any consequences.
13. Data Subject Access
13.1. Data subjects may make subject access requests (“SARs”) at any time to find out more
about the personal data which the company holds about them, what it is doing with that personal data, and why;
13.2. Employees wishing to make a SAR should do using a Subject Access Request Form, sending the form to the Data Protection Officer at Skills for Logistics Ltd,
13.3. Responses to SARs should be made within one month of receipt. However, this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the data subject shall be informed.
13.4. All SARs received shall be handled by the company’s Data Protection Officer;
13.5. The company does not charge a fee for the handling of SARs. The company reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject and for requests that are manifestly
unfounded or excessive, particularly where such requests are repetitive.
14. Rectification of Personal Data
14.1. Data subjects have the right to require the company to rectify any of their data
that is inaccurate or incomplete;
14.2. The Company shall rectify the personal data in question and inform the data subject of that rectification within one month of the data subject informing the company of the issue. The period can be extended by up to two months in the event of complex requests. If such additional time is required, the data subject shall be informed;
14.3. If any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data;
15. Erasure of Personal Data
15.1 Data subjects have the right to request that the Company erases the personal data it holds about them in the following circumstances;
15.1.1 It is no longer necessary for the Company to hold that personal data concerning the purpose(s) for which it was originally collected or processed;
15.1.2 The data subject wishes to withdraw their consent to the Company holding and processing their data;
15.1.3 The data subject objects to the Company holding and processing their personal data (and there is no overriding legitimate interest to allow the Company to continue doing so) (see Section 18 of this policy for further details concerning the right to object);
15.1.4 The personal data has been processed unlawfully;
15.1.5 The personal data needs to be erased for the Company to comply with a particular legal obligation;
15.2. Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with and the data subject informed of the erasure within one month of receipt of the data subject’s request. The period can be extended by up to two months in the event of complex requests. If such additional time is required, the data subject shall be informed;
15.3. If any personal data that is to be erased in response to a data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so);
16. Restriction of Personal Data Processing
16.1. Data subjects may request that the Company ceases processing the personal data it holds about them. If a data subject makes such a request, the Company shall retain only the amount of personal data concerning that data subject (if any) that is necessary to ensure that the personal data in question is not processed further;
16.2. In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so);
17. Data Portability
17.1. The Company does not process personal data using automated means;
17.2. Where data subjects have given their consent to the Company to process their data in such a manner, or the processing is otherwise required for the performance of a contract between the Company and the data subject, data subjects have the right, under the GDPR, to receive a copy of their data and to use it for other purposes (namely transmitting it to other data controllers);
17.3. Where technically feasible, if requested by a data subject, personal data shall be sent directly to the required data controller;
17.4. All requests for copies of personal data shall be complied with within one month of the data subject’s request. The period can be extended by up to two months in the event of complex or numerous requests. If such additional time is required, the data subject shall be informed;
18. Objections to Personal Data Processing
18.1. Data subjects have the right to object to the company processing their data based on legitimate interests, direct marketing (including profiling);
18.2. Where a data subject objects to the company processing their data based on its legitimate interests, the company shall cease such processing immediately unless it can be demonstrated that the company’s legitimate grounds for such processing override the data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims;
18.3. Where a data subject objects to the company processing their personal data for historical research and statistics purposes, the data subject must, under the GDPR, “demonstrate grounds relating to his or her particular situation”. The company is not required to comply if the research is necessary for the performance of a task carried out for reasons of public interest;
19. Personal Data Collected, Held, and Processed
The following personal data is collected, held, and processed by the company (for details of data retention, please refer to the company’s Data Retention Policy)
|Type of Data
|Purpose of Data
|All data subjects- Identification purposes
|All data subjects – to enable contact
|All data subjects – to enable contact
|Employees – Contact purposes, Payroll/HMRC
Employers – Contact purposes
Apprentices – Contact purposes
Training providers – Contact purposes
Assessors – Contact purposes
|Date of Birth
|Employees – Taxation purposes
Apprentices – Identify if under 18
|Employees- Suitable for the job role
Apprentices – Meet the requirement for End-Point assessment
|Employees- Suitable for the job role
Apprentices – Meet the requirement for End-Point assessment
Assessors – Suitable for the role
|Apprentices/trainees – Identification and proof they have completed relevant driving qualifications
Employees- Identification and proof of who they are.
|Next of Kin
|Employees - For health & safety purposes (vital interests).
Apprentices - For health & safety purposes (vital interests).
|Employees – assessing suitability for a role
|Opinions/ Interview Notes
|Employees – to evaluate suitability for a particular role or future roles
|Employees – References for previous employment
Assessors – References of previous employment
20. Data Security - Transferring Personal Data and Communications
The company shall ensure that the following measures are taken concerning all communications and other transfers involving personal data:
20.1. All emails containing personal data must be encrypted or password protected;
20.2. Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances;
20.3. Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;
20.4. Where personal data is to be transferred in hardcopy form, it should be passed directly to the recipient;
21. Data Security - Storage
The company shall ensure that the following measures are taken concerning the storage of
21.1. All electronic copies of personal data shall be stored securely using passwords and data
encryption; see the Data Retention Policy for more information.
21.2. All hardcopies of personal data shall be stored securely in a locked box, drawer, cabinet, or similar;
21.3. All personal data stored is backed up daily, with backups stored onsite and offsite. All backups are encrypted;
21.4. No personal data should be stored on any mobile device (including, but not limited to, laptops, tablets, and smartphones), whether such device belongs to the company or otherwise, without the formal written approval of a director, and in the event of such approval strictly by all instructions and limitations described at the time, the approval is given and for no longer, than is necessary.
21.5. No personal data will be transferred to any device personally belonging to an employee. Personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of the company where the party in question has agreed to comply fully with the letter and spirit of this policy and of the GDPR (which may include demonstrating to the company that all suitable technical and organisational measures have been taken).
22. Data Security - Disposal
When any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it will be deleted, and hard copy data will be shredded using an onsite shredding machine.
For more information on the disposal of personal data, please refer to the company’s Data Retention Policy.
23. Data Security - Use of Personal Data
The company shall ensure that the following measures are taken concerning the use of
23.1. No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the company or not, without the authorisation of the Data Protection Officer;
23.2. Personal data must always be handled with care and should not be left unattended or on view to unauthorised employees, agents, sub-contractors, or other parties at any time;
23.3. If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period, the user must lock the computer and screen before leaving their PC unattended;
24. Data Security - IT Security
The Company shall ensure that the following measures are taken concerning IT and information security:
24.1. All passwords used to protect personal data are changed regularly. All passwords contain a combination of uppercase and lowercase letters, numbers, and symbols. All software used by the Company is designed to require such passwords;
24.2. Under no circumstances are passwords written down or shared between any employees, agents, contractors, or other parties working on behalf of the Company, irrespective of seniority or department. If a password is forgotten, then the Operations Manager will issue a new one upon request;
24.3. All software (including, but not limited to, applications and operating systems) shall be kept up-to-date. The user/company’s IT services provider is responsible for installing security-related updates as soon as reasonably and practically possible unless there are valid technical reasons not to do so.
24.4. No software may be installed on any company-owned computer or device without the prior approval of Neil Buzzard at Computer Problem Solutions Ltd (IT Services Provider).
25. Organisational Measures
The company shall ensure that the following measures are taken concerning the collection, holding, and processing of personal data;
25.1. All employees, agents, contractors, or other parties working on behalf of the company shall be made fully aware of both their responsibilities and the company’s responsibilities under the GDPR and this policy, and shall be provided with a copy of this policy;
25.2. Only employees, agents, sub-contractors, or other parties working on behalf of the company that need access to and use of personal data to carry out their assigned duties correctly shall have access to personal data held by the company;
25.3. All employees, agents, contractors, or other parties working on behalf of the company handling personal data will be appropriately trained to do so;
25.4. All employees, agents, contractors, or other parties working on behalf of the company handling personal data will be appropriately supervised;
25.5. All employees, agents, contractors, or other parties working on behalf of the company
handling personal data shall be required and encouraged to exercise care, caution, and discretion when discussing work-related matters that relate to personal data, whether in the workplace or otherwise;
25.6. Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;
25.7. All personal data held by the company shall be reviewed periodically, as set out in the Data Retention Policy;
25.8. The performance of those employees, agents, contractors, or other parties working on behalf of the company handling personal data shall be reviewed regularly.
All employees, agents, contractors, or other parties working on behalf of the company handling personal data will be bound to do so by the principles of the GDPR and this policy;
25.9. All agents, contractors, or other parties working on behalf of the company handling personal data must ensure that any of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the company arising out of this policy and the GDPR;
25.10. Where any agent, contractor or other party working on behalf of the company handling
personal data fails in their obligations under this policy that party shall indemnify and hold harmless the company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.
26. Transferring Personal Data to a Country Outside the UK
The company does not transfer (‘transfer’ includes making available remotely) personal data to countries outside the UK.
27. Data Breach Notification
27.1. All personal data breaches must be reported immediately to the Company’s Data Protection Officer;
27.2. If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage),
the Data Protection Officer must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it;
27.3. If a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Section 29.2) to the rights and freedoms of data subjects, the Data Protection Officer must ensure that all affected data subjects are informed of the breach directly and without undue delay;
27.4. Data breach notifications shall include the following information:
27.4.1 The categories and approximate number of data subjects concerned;
27.4.2 The categories and approximate number of personal data records concerned;
27.4.3 The name and contact details of the company’s Data Protection Officer (or another contact point where more information can be obtained);
27.4.4 The likely consequences of the breach;
27.4.5 Details of the measures that will be taken by the company to address the breach, including measures to mitigate its possible adverse effects.
28. Implementation of Policy
This policy shall be deemed effective as of 25th May 2018. No part of this policy shall have a retroactive effect and shall thus apply only to matters occurring on or after this date.
If you have any questions regarding our Data Protection Policy, please fill out our contact form or call us at 023 8068 4502.
Approval date: 19th March 2022
Validity: One Year
Review Date: 19th March 2023
Job title of the person responsible for policy: Finance Director
Name of person responsible for policy: Tony Hodgins