1.1. The purpose of this Data Protection Policy is to protect the rights and freedoms of natural persons (i.e. living individuals) and to ensure that personal data is not processed without their knowledge, and, wherever possible, that it is processed with their consent, according to the GDPR Regulation (EU) 2016/679, referred hereinunder as 'GDPR'.

1.2. Definitions used by the CODE LINK, hereinunder referred to as 'Organisation':

Material scope (Article 2) – the GDPR applies to the processing of personal data wholly or partly by automated means (i.e. by computer) and to the processing other than by automated means of personal data (i.e. paper records) that form part of a filing system or are intended to form part of a filing system.

Territorial scope (Article 3) – the GDPR will apply to all controllers that are established in the EU who process the personal data of data subjects, in the context of that establishment. It will also apply to controllers outside of the EU that process personal data to offer goods and services or monitor the behaviour of data subjects who are residents in the EU.

1.3.Article 4 definitions

Establishment – the main establishment of the controller in the EU will be the place in which the controller makes the main decisions as to the purpose and means of its data processing activities. The main establishment of a processor in the EU will be its administrative centre. If a controller is base outside the EU, it will have to appoint a representative in the jurisdiction in which the controller operates to act on behalf of the controller and deal with supervisory authorities.

Personal data – any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly 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 physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

Special categories of personal data – revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

Data controller – the natural or legal person, public authority, agency, or other body which, alone or jointly with other, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

Data subject – any living individual who is the subject of personal data held by an organisation.

Processing – any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Profiling – is any form of automated processing of personal data intended to evaluate certain personal aspects relating to a natural person, or to analyse or predict that person’s performance at work, economic situate, location, health, personal preferences, reliability, or behaviour. This definition is linked to the right of the data subject to object to profiling and a right to be informed about the existence of profiling, of measure based on profiling and the envisaged effects of profiling on the individual.

Personal data breach – a breach of security leading to the accidental, or unlawful, destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored, or otherwise processed. There is an obligation on the controller to report personal data breeches to the supervisory authority and where the breach is likely to adversely affect the personal data or privacy of the data subject.

Data subject consent – means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data.

Child – the child as anyone under the age of 18 years old. The processing of personal data of a child is only lawful if parental or custodian consent has been obtained. The controller shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility over the child.

Third party – a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

Filing system – any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.

2.Policy statement

2.1. The Organisation is committed to compliance with all relevant EU and Member State Laws in respect of personal data, and the protection of the “rights and freedoms” of individuals whose information Organisation collects and processed in accordance with the GDPR

2.2. Compliance with the GDPR is described by this policy, along with connected processes and procedures.

2.3. The GDPR and this policy apply to all Organisation’s personal data processing functions, including those performed on customers’, clients’, employees’, suppliers and partners’ personal data, and any other personal data the organisation processes from any source.

2.4. Organisation has established objectives for the protection of personal data.

2.5. Organisation Director is responsible for reviewing the data protection controls annually in the light of any changes to Organisation’s activities.

2.6. This policy applied to all Employees/Staff and interested parties of Organisation such as outsourced suppliers. Any breach of the GDPR will be dealt with under Organisation’s disciplinary policy and may also be a criminal offence, in which case the matter will be reported as soon as possible to the appropriate authorities.

2.7. Partners and any third parties working with or for Organisation, and who have or may have access to personal data, will be expected to have read, understood and to comply with this policy. No third party may access personal data held by Organisation without having first entered into a Data Processing Agreement which imposes on the third-party obligations no less onerous than those to which Organisation is committed, and which gives Organisation the right to audit compliance with the agreement.

3.Responsibilities and roles under the General Data Protection Regulation

3.1. Organisation is a data Controller under the GDPR

3.2.Top Management and all those in managerial or supervisory roles throughout Organisation are responsible for developing and encouraging good information handling practices within Organisation; responsibilities are set out in individual job descriptions.

3.3.All Employees/Staff of Organisation, who process personal data, are required to comply with data protection legislation and all internal GDPR-related documentation.

3.4.Employees/Staff of Organisation are responsible for ensuring that any personal data about them and supplied by them to Organisation is accurate and up to date.

3.5.Responsibilities of the external parties, who have access to the personal data, related to Organisation operations, are governed by the Data Processing Agreements and are required to be signed by all parties before the access to the personal data is granted.

4.Data protection principles

All processing of personal data must be conducted in accordance with the data protection principles as set out in Article 5 of the GDPR. Organisation’s policies and procedures are designed to ensure compliance with the principles.

4.1. Personal data must be processed lawfully, fairly and transparently Lawful – identify a lawful basis before you can process personal data. These are often referred to as the “conditions for processing”, for example consent. Fairly – for processing to be fair, the data controller must make certain information available to the data subjects as practicable. This applies whether the personal data was obtained directly from the data subjects or from other sources. The GDPR has increased requirements about what information should be available to data subjects, which is covered in the ‘Transparency requirement. Transparently – the GDPR includes rules on giving privacy information to data subjects in Article 12, 13 and 14. These are detailed and specific, placing an emphasis on making privacy notices understandable and accessible. Information must be communicated to the data subject in an intelligible format using clear and plain language.

The specific information that must be provided to the data subject must, as a minimum, include:

4.1.1.The identity and the contact details of the controller and, if any, of the controller’s representatives.

4.1.2.The contact details of the Data Protection Owner (Director).

4.1.3.The purposes of the processing for which the personal data are intended as well as the legal basis for the processing.

4.1.4.The period for which the personal data will be stored.

4.1.5.The existence of the rights to request access, rectification, erasure or to object to the processing, and the conditions (or lack of) relating to exercising these rights, such as whether the lawfulness of previous processing will be affected.

4.1.6.The categories of personal data concerned.

4.1.7.The recipients or categories of recipients of the personal data, where applicable.

4.1.8.Where applicable, that the controller intends to transfer personal data to a recipient in a third country and the level of protection afforded to the data.

4.1.9.Any further information necessary to guarantee fair processing.

4.3. Personal data can only be collected for specific, explicit and legitimate purposes

Data obtained for specific purposes must not be used for a purpose that differs from those formally notified to the supervisory authority as part of Organisation’s Data Protection Impact Assessment.

4.3. Personal data must be adequate, relevant and limited to what is necessary for processing

4.3.1. Organisation only collects information that is strictly necessary for the purposes for which it is obtained.

4.3.2.All data collection forms (electronic or paper-based), including data collection requirements in new information systems, include a fair processing statement or link to privacy statement.

4.3.3.Data collection methods are reviewed annually to ensure that collected data continues to be adequate, relevant and not excessive.

4.4. Personal data must be accurate and kept up to date with every effort to erase or rectify without delay

4.4.1. Data that is stored by Organisation is reviewed and updated as necessary. No data should be kept unless it is reasonable to assume that it is accurate.

4.4.2. All Organisation staff undergo annual GDPR training in the importance of collecting accurate data and maintaining it.

4.4.3. It is also the responsibility of the data subject to ensure that data held by Organisation is accurate and up to date. Completion of a registration or application form by a data subject will include a statement that the data contained therein is accurate at the date of submission.

4.4.4. Employees/Staff/Customers/Suppliers are required to notify Organisation of any changes in circumstance to enable personal records to be updated accordingly. It is the responsibility of Organisation’s Director to ensure that any notification regarding change of circumstances is recorded and acted upon.

4.4.5. Appropriate procedures and policies are in place, and approved by Organisation’s Director, to keep personal data accurate and up to date, considering the volume of data collected, the speed with which it might change and any other relevant factors.

4.4.6. On at least an annual basis, the retention dates of all the personal data processed by Organisation are reviewed, by reference to the date inventory, to identify any data that is no longer required in the context of the registered purpose. This data will be securely deleted/destroyed.

4.4.7. Organisation’s Director will respond to requests for rectification from data subjects within one month. This can be extended to a further two months for complex requests. If Organisation decides not to comply with the request, the Director must respond to the data subject to explain its reasoning and inform them of their right to complain to the supervisory authority and seek judicial remedy.

4.4.8.Organisation makes appropriate arrangements through the Data Processing Agreements to ensure that, where third-party organisations may have been passed inaccurate or out-of-date personal data, to inform them that the information is inaccurate and/or out of date and is not to be used to inform decisions about the individuals concerned; and for passing any correction to the personal data to the third party where this is required.

4.5.Personal data must be kept in a form such that the data subject can be identified only as long as is necessary for processing.

4.5.1.Where personal data is not retained beyond the processing date.

4.5.2.Personal data will be retained in line with the pre-defined in the specific Data Processing Agreements, and, once its retention date is passed, it will be securely destroyed.

4.5.3.The Director must specifically approve any data retention that exceeds the retention periods defined in Data Processing Agreement, counter-signed by all parties and must ensure that the justification is clearly identified and in line with the requirements of the data protection legislation. This approval must be done in writing.

4.6. Personal data must be processed in a manner that ensures the appropriate security Organisation should also consider the extent of possible damage or loss that might be caused to individuals (e.g. staff or customers) if a security breach occurs, the effect of any security breach on Organisation itself, and any likely reputational damage including the possible loss of customer trust. When assessing appropriate technical measure, Organisation will consider the following:

• Password protection.
• Automatic locking of idle terminals.
• Removal of access rights for USB and other memory media.
• Virus checking software and firewalls.
• Role-based access rights including those assigned to temporary staff.
• Encryption of devices that leave the organisations premises such as laptops.
• Security of local and wide area networks.
• Privacy enhancing technologies such as pseudonymising and anonymization.
• Identifying appropriate international security standards relevant to Organisation.

When assessing appropriate organisational measures,Organisation will consider the following:

• The appropriate training levels throughout Organisation.
• Measures that consider the reliability of employees (such as references etc.).
• The inclusion of data protection in employment contracts.
• Identification of disciplinary action measures for data breaches.
• Monitoring of staff for compliance with relevant security standards.
• Physical access controls to electronic and paper-based records.
• Adoption of a clear desk policy.
• Storing of paper-based data in lockable fire-proof cabinets.
• Restricting the use of portable electronic devices outside being used in the workplace.
• Adopting clear rules about passwords.
• Making regular backups of personal data and storing the media off-site.
• The imposition of contractual obligations on the importing organisations to take appropriate security measures when transferring data outside the EEA.

These controls have been selected based on identified risks to personal data, and the potential for damage or distress to individuals whose data is being processed. Organisation’s compliance with this principle is contains in its Information Security Management System (ISMS).

4.7.The controller must be able to demonstrate compliance with the GDPR’s other principles (accountability)

The GDPR includes provisions that promote accountability and governance. These complement the GDPR’s transparency requirements. The accountability principle in Article 5(2) requires you to demonstrate that you comply with the principles and states explicitly that this is your responsibility. The Organisation will demonstrate compliance with the data protection principles by implementing data protection policies, adhering to codes of conduct, implementing technical and organisational measures.

5.Data subjects’ rights

5.1 Data subjects have the following rights regarding data processing, and the data that is recorded about them:

5.1.1.To make subject access requests regarding the nature of information held and to whom it has been disclosed.

5.1.2. To prevent processing likely to cause damage or distress.

5.1.3.To prevent processing for purposes of direct marketing.

5.1.4.To be informed about the mechanics of automated decision-taking process that will significantly affect them.

5.1.5.To not have significant decisions that will affect them taken solely by automated processes.

5.1.6. To sue for compensation of they suffer damage by any contravention of the GDPR.

5.1.7.To take action to rectify, block, erase, including the right to be forgotten, or destroy inaccurate data.

5.1.8.To request the supervisory authority to assess whether any provision of the GDPR has been contravened.

5.1.9. To have personal data provided to them in a structured, commonly used and machine-readable format, and the right to have that data transmitted to another controller.

5.1.10.To object to any automated profiling that is occurring without consent.

5.2.Organisation ensures that data subjects may exercise these rights:

5.2.1.Data subjects may make data access requests by sending an email to sales@codelink.eu.com.

5.2.2.Data subjects have the right to complain to Organisation related to the processing of their personal data.

6.Consent

6.1..Organisation understands ‘consent’ to mean that it has been explicitly and freely given, and a specific, informed and unambiguous indication of the data subject’s wishes that, by statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. The data subject can withdraw their consent at any time.

6.2.Organisation understands ‘consent’ to mean that the data subject has been fully informed of the intended processing and has signified their agreement, while in a fit state of mind to do so and without pressure being exerted upon them. Consent obtained under duress or based on misleading information will not be a valid basis for processing.

6.3.There must be some active communication between the parties to demonstrate active consent. Consent cannot be inferred from non-response to a communication. The controller must be able to demonstrate that consent was obtained for the processing operation.

6.4.For sensitive data, explicit written consent of data subjects must be obtained unless an alternative legitimate basis for processing exists.

6.5.In most instances, consent to process personal and sensitive data is obtained routinely by Organisation using standard consent documents e.g. when a new client signs a contract, or during induction for participants in training programmes.

6.6.Where Organisation provides online services to children, parental or custodial authorisation must be obtained. This requirement applies to children under the age of 18.

7. Security of data

7.1All Employees/Staff are responsible for ensuring that any personal data that Organisation holds and for which they are responsible, is kept securely and is not under any conditions disclosed to any third party unless that third party has been specifically authorised by Organisation to receive that information and has entered into a confidentiality agreement.

7.2 All personal data should be accessible only to those who need to use it. All personal data should be treated with the highest security and must be kept:

• In a lockable room with controlled access, and/or
• In a locked drawer or filing cabinet, and/or
• If computerised, password protected in line with Organisation’s requirements.
• Stored on (removable) computer media which are encrypted.

7.3.Care must be taken to ensure that PC screens and terminals are not visible except to authorised Employees/Staff of Organisation.

7.4.Manual records may not be left where they can be accessed by unauthorised personnel and may not be removed from business premises without explicit written authorisation by the Director. Personal data may only be deleted or disposed of in line with GDPR requirements.

7.5..Manual records that have reached their retention date are to be shredded and disposed of as ‘confidential waste’. Hard drives of redundant PCs are to be removed and immediately destroyed before disposal.

7.6.Processing of personal data ‘off-site’ presents a potentially greater risk of loss, theft, or damage to personal data. Staff must be specifically authorised to process data off-site.

8.Disclosure of data

8.1..Organisation must ensure that personal data is not disclosed to unauthorised third parties which includes family members, friends, government bodies, and in certain circumstances, the Police. All Employees/Staff should exercise caution when asked to disclose personal data held on another individual to a third party. It is important to bear in mind whether disclosure of the information is relevant to, and necessary for, the conduct of Organisation’s business.

8.2. All requests to provide data for one of these reasons must be supported by appropriate paperwork and all such disclosures must be specifically authorised by the Director

9.Retention and disposal of data

9.1. Organisation shall not keep personal data in a form that permits identification of data subjects for longer a period than is necessary, in relation to the purpose(s) for which the data was originally collected.

9.2.Organisation may store data for longer periods if the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the implementation of appropriate technical and organisational measures to safeguard the rights and freedoms of the data subject.

9.3.The retention period for each category of personal data will be set out according to the pre-defined criteria used to determine this period including any statutory obligations Organisation has to retain the data.

9.4.Organisation’s data retention and data disposal procedures shall be done in line with GDPR requirements.

9.5.Personal data must be disposed of securely in accordance with the sixth principle of the GDPR – processed in an appropriate manner to maintain security, thereby protecting the “rights and freedoms” of data subjects.

10.Data transfers

10.1. All exports of data from within the European Economic Area (EEA) to non-European Economic Area countries (referred to in the GDPR as ‘third countries’) are unlawful unless there is an appropriate “level of protection for the fundamental rights of the data subjects”.

The transfer of personal data outside of the EEA is prohibited unless one or more of the specified safeguards, or exceptions, apply:

10.1.1..An adequacy decision The European Commission can and does not assess third countries, a territory and/or specific sectors within third countries to assess whether there is an appropriate level of protection for the rights and freedoms of natural persons. In these instances, no authorisation is required. A list of countries that currently satisfy the adequacy requirements of the Commission are published in the Official Journal of the European Union, http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm

10.1.2.Privacy Shield

If Organisation wishes to transfer personal data from the EU to an organisation in the United States it should check that the organisation is signed up with the Privacy Shield framework at the U.S. Department of Commerce. The obligation applying to companies under the Privacy Shield are contained in the “Privacy Principles”. The US DOC is responsible for managing and administering the Privacy Shield and ensuring that companies live up to their commitments. To be able to certify, companies must have a privacy policy in line with the Privacy Principles e.g. use, store and further transfer the personal data according to a strong set of data protection rules and safeguards. The protection given to the personal data applied regardless of whether the personal data is related to an EU resident or not. Organisations must renew their “membership” to the Privacy Shield on an annual basis. If they do not, they can no longer receive and use personal data from the EU under that framework. Assessment of adequacy by the data controller In assessing adequacy, the UK based exporting controller should take account of the following factors:

• The nature of the information being transferred.
• The country or territory of the origin, and destination, of the information.
• How the information will be used and for how long.
• The laws and practices of the country of the transferee, including relevant codes of practice and international obligations.
• The security measures that are to be taken as regards the data in the overseas location

10.1.3.Binding corporate rules. Organisation may adopt approved binding corporate rules for the transfer of data outside the EU. This requires submission to the relevant supervisory authority for approval of the rules that Organisation is seeking to rely upon.

10.1.4.Model contract clauses. Organisation may adopt approved model contract clauses for the transfer of data outside of the EEA. If Organisation adopts the model contract clauses approved by the relevant supervisory authority, there is an automatic recognition of adequacy.

10.1.5.Exceptions. In the absence of an adequacy decision, Privacy Shield membership, binding corporate rules and/or model contract clauses, a transfer of personal data to a third country or international organisation shall only take place on one of the following conditions:

• The data subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards.
• The transfer is necessary for the performance of a contract between the data subject and the Controller, or the implementation of pre-contractual measures taken at the data subject’s request.
• The transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the controller and another natural or legal person.
• The transfer is necessary for important reasons of public interest.
• The transfer is necessary for the establishment, exercise or defence of legal claims.
• The transfer is necessary to protect the vital interests of the data subject or of other persons, where the data subject is physically or legally incapable of giving consent.

11.Information asset register/data inventory

11.1.Organisation has established a data inventory and data flow process as part of its approach to address risks and opportunities throughout its GDPR compliance project. Organisation’s data inventory and data flow determines (GDPR DOC 2.4, and GDPR REC 4.4):

• Business processes that use personal data.
• Source of personal data.
• of data subjects.
• Description of each item of personal data.
• Processing activity.
• Maintains the inventory of data categories of personal data processed.
• Documents the purpose(s) for which each category of personal data is used.
• Recipients, and potential recipients, of the personal data.
• The role of the ORGANISATION throughout the data flow.
• Key systems and repositories.
• Any data transfers.
• All retention and disposal requirements.

11.2.Organisation is aware of any risks associated with the processing of types of personal data.

11.2.1. Organisation assesses the level of risk to individuals associated with the processing of their personal data, and in relation to processing undertaken by other service providers on behalf of Organisation.

11.2.2.Organisation shall manage any risks identified by the risk assessment to reduce the likelihood of a non-conformance with this policy.

11.2.3.The Director shall, if there are significant concerns, either as to the potential damage or distress, or the quantity of data concerned, escalated the matter to the supervisory authority.

11.2.4.Appropriate controls will be selected from Annex A of ISO 27001 and applied to reduce the level of risk associated with processing individual data to an acceptable level, by reference to Organisation’s documented risk acceptance criteria and the requirements of the GDPR.