The Data Protection Act came into force on 2018 and intends to:
The regulation applies to all organisations that offer goods and services or monitor the behaviour of UK citizens in any way.
Data protection applies to both controllers and processers of data.
A controller of data determines the purposes and means of processing personal data and has legal requirements under the new regulations e.g. to maintain records of personal data and processing activities.
A processor of data is responsible for processing personal data on behalf of a controller and ensure processors comply with data protection requirements.
Data protection includes an accountability principle i.e. businesses must demonstrate compliance that includes any data processing supply chain the business might have. As a result data protection is a matter for the entire organisation – not just for procurement.
Data protection sets out seven key principles for your approach to processing personal data:
The Information Commissioner’s Office (ICO) has issued specific guidance on GDPR and who is affected by it. You should refer to this guidance for more detailed information.
To ensure compliance with these new regulations, you may have already been contacted by public sector buyers if you process data as part of a current contract.
It is therefore important for you to identify your internal processes or external suppliers that process data on your behalf (many organisations already have a data protection implementation lead who will have been compiling this information). You should then:
For contracts awarded after 25 May 2018, you should ensure:
Please refer to the Scottish Government GDPR Policy Note for further information or to the contract owner for specific guidance during the tender process of the performance of the contract.