Thursday, 16 February 2012

0 Role of a Commercial Lawyer in Data Protection in Business

Commercial law comprises of public as well as private law that governs various fields of commerce such as company laws, resolution of disputes, regulations and laws related to sales and purchase of any business property, mergers and acquisition, employment contracts, commercial agreements between business entities, and taxation policies.

A company needs to be aware of all these aspects of commerce and also know the laws governing these aspects. Some of the organizations are involved in dealing with private and confidential information of a client. Data protection is one of the sensitive aspects related to such organization. Data protection comes under the scope of commercial or business laws and hence is in the scope of commercial lawyer's services.

Data Protection Legislation and Business
Data protection act applies to all the organization, who deal or store private information on individuals. The information may be bank details requested for an online transaction by the banks, personal images captured by the CCTV cameras, or any personal or medical details revealed during the recruitment.

The organizations dealing with any such information are bound to comply with the data protection act, passed in 1998. The act explains the implication of the legislation and how it affects the personal and private information collected by the organization.

The data protection act gives guidelines about what information is covered under this act and what is excluded. Also, it may give guidelines about what information you should consider while hiring procedure, managing employee records and the rules applied to monitor employees.

Data Protection and Commercial Lawyer
Any business requires a commercial lawyer to ensure smooth running of the business. Organizations may require holding confidential information related to the individual employees and customers. A commercial lawyer is specialized in business laws as well as he analyzes the data protection act, to guide the organization in meeting its need.

One of the better ways to deal with the private information held by any business is to inform the Information Commissioner's Office (ICO) about the types of private information held and the level of security needs to be followed. In case, you fail to inform the ICO about the information held and the way it is processed, then it invites a criminal liability against the business. ICO is responsible for keeping the rights of the individuals, given by the data protection act. It also looks into any complaints from individuals related to the act.

You, as a businessman, need to discuss with your attorney, the type of information collected and handled by business. He will then advice you and takes you through the rules and regulations of the data protection act affecting your business. He is responsible to guide you to comply with the regulations of data protection. If there is a loop hole in the compliance of the act, then he will guide you to change the practices in order to comply with the policies.

ICO has the authority to penalize the businesses, which fail to comply with the act even after repeated warnings. In case, you happen to get stuck in any data protection error, commercial attorneys represent you in the lawsuit.

Some of the details held by the business may be available for the public. However, what is required to be available to public and what is confidential to what extent can be advised by the business solicitor. He will guide the business to provide information to the public against their request. He also, determines the level of information to be provided upon request, as well as defines the amount to be charged for the same.

Commercial attorneys play a vital role in running the business smoothly. They are well versed with various business laws and the data protection act. Not all types of attorneys will be able to understand the intricacies of the data protection act, which is concerned about the private information stored as well the way it is processed. Attorney advices an organization to prepare a process to receive request to change or furnish any information held on people.

This page provides the information on Commercial Lawyer


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