The Data Protection Principles and GDPR Compliance Program external | Privacy and Electronic Communications Regulations | Mortgage Conduct of Business MCOB | Template for FCA Applications and Authorised Firms

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The Data Protection Principles

Article 5 of the GDPR requires that personal data shall be: –

a) Processed lawfully, fairly and in a transparent manner in relation to individuals

b) Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes

c) Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed

d) Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay

e) Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals

f) Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures

Article 5(2) requires that the controller shall be responsible for, and be able to demonstrate, compliance with the principles and requires that firms show how they comply with the principles, detailing and summarising the measures and controls that they have in place to protect personal information and mitigate the risks of processing.

8.2 Data Protection (GDPR) Compliance Program (external)

The company has extensive policies, procedures, measures and controls in place to meet the new General Data Protection Regulation and the UK’s Data Protection Act 2018, with comprehensive controls and measure for ensuring the protection and security of any personal data under our remit.

As the area of data protection is extensive, we have covered our processes, controls and policies in a separate program from this compliance manual, located at [insert location/hyperlink to DPA18/GDPR compliance program]

[If you purchased the GDPR version of the manual, this is included in SET010_GDPR_Bundle)].

8.3 Privacy & Electronic Communications Regulations

The company confirms that it complies with all regulations and laws made under the Privacy and Electronic Communications Regulations 2003, in respect to any related business activity.

We confirm that where individuals are concerned, we will only send direct marketing media (emails, calls or postal), when solicited (given direct prior consent) and will retain proof of all such consent for recording and auditing purposes.

Where any marketing material is delivered using an automated calling system, it will be done so only with the individual prior consent and any request to remove such consent will be recorded and applied with immediate effect.

No unsolicited tele-sales or marketing calls will be made where an individual is registered ion the TPS (Telephone preference service) and any staff identified to be doing so will be subject to disciplinary action.

Any solicited tele-sales or marketing calls made by the company will be in accordance with the below requirements: –

  • Agents will identify themselves and the firm form which they are calling from
  • Agents will disclose the nature and purpose of the call
  • If asked, the agent will provide a valid business address and contact telephone number

No unsolicited sales or marketing attempts will be made by fax without the recipients’ prior consent.

Any sales or marketing emails will: –

  • identify the name of the firm, their trading address and a valid contact number
  • contain an opt-out request for the individual to unsubscribe to any further emails
  • comply with regulations 7 and 8 of the Electronic Commerce (EC Directive) Regulations 2002
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