With just a year to go until the biggest shakeup of data protection law in 20 years, 25% of businesses and organisations in the UK are unaware of the new legislation and almost half have yet to start preparing for its introduction, according to a survey by Ipsos MORI and Brodies LLP.

The clock is ticking on the introduction of the General Data Protection Regulation (GDPR), which comes into force on 25 May 2018 and will impose strict new rules on the way that organisations collect, store and use personal data. Currently, the Information Commissioner has powers to issue fines of up to £500,000 for data breaches. However, under the GDPR the maximum fine for the most severe breaches will be €20 million (£17 million) or 4% of a business’ worldwide turnover.

The regulation, which replaces the current Data Protection Act 1998, will also herald the end of the pre-ticked ‘opt-in’ boxes that are widely used on websites for marketing purposes. Instead, those handling personal data will be required to seek consent through “affirmative action” from individuals and will have to explain to them how their data will be used, how long it will be kept and how it will be safeguarded.

The survey of private and public sector organisations across the UK carried out by Ipsos MORI on behalf of Brodies reveals a low level of awareness and preparedness despite the risks of non-compliance.

As a first step towards compliance, organisations that handle personal data should carry out an information audit to identify what personal data they hold, where they hold it, where it came from, what they use it for and with whom it is shared. Despite the fact that 74% of the 92 respondents believe the GDPR will have a “high” or “medium” impact on their organisation, 45% of respondents have yet to carry out such an audit and 8% don’t know whether they have.

Positively, when asked about their organisation’s readiness for the introduction of the new legislation, just over two-thirds of respondents (67%) said they were on track for compliance by 25 May 2018, although 11% said they were unlikely to be compliant by then and 17% did not know. Just 5% said their organisations are ready now, a year ahead of the deadline.

The biggest obstacle to GDPR compliance identified by organisations was resource, followed by the need for cultural change, lack of regulatory guidance, budget constraints and lack of clear internal ownership / responsibility for compliance.

Commenting on the survey’s findings, Elizabeth Denham, UK Information Commissioner, said: “Together with government and European authorities, we’ve been reaching out to organisations to help them get ready for GDPR since March 2016, but we know there are organisations which have yet to engage. With one year to go, there’s still time to prepare, but there’s no time to waste.”

Grant Campbell, Head of Brodies’ Commercial Services Division, added: “Personal data is the lifeblood of many organisations and, increasingly, how they handle that data is a matter of concern not just to regulators but to us all. Meeting the requirements of GDPR is a regulatory compliance issue but it also protects organisations from brand and other reputational damage and that will be increasingly important if individuals are to trust them with their data and business.

“These survey results show that, for many, there is a lot of work to do if GDPR compliance is to be achieved by May 2018. While 67% of organisations are confident that they will be ready, it is difficult to reconcile that statistic with the finding that over half of organisations have not (or don’t know whether they have) conducted an information audit, which is an essential building block for a compliance strategy.”

To view the results of the Brodies / Ipsos MORI survey, visit: http://brodi.es/GDPR_R3sults.

Brodies was recognised as Scotland Law Firm of the Year for a record-breaking sixth time at the Who’s Who Legal Awards in London last night (15 May).

Brodies lawyers are listed more times in WWL’s editions than any other Scottish firm, and were selected 20 times across 14 practice area publications in total.

The winners were announced at a black tie awards ceremony at Plaisterer’s Hall in London, where the leading lawyers and firms from 35 practice areas and over 50 countries were recognised.

The winners are selected on a range of factors, including feedback received from clients and peers in the research process, past performance in the research and the overall aggregate number of weighted votes cast in their favour.

Rupert Wilson, editor of Who’s Who Legal, said: “Brodies continues to lead our Scottish research, and no other local firm can match the quality of counsel it can offer or the depth of its expertise. The clients and fellow practitioners we spoke to were united in their praise, and we are delighted to once more recognise Brodies as our Scotland Firm of the Year.”

Who’s Who Legal lists only the leading lawyers in each field, based exclusively on the findings of an independent six-month research process that encompasses feedback from private practitioners, clients and other experts in the sector. It is impossible to buy entry into the publication, only the lawyers who score most highly according to our independent international research criteria are listed.

The books are distributed free of charge to thousands of corporate counsel and private practice lawyers from around the world, and the information is also available on www.WhosWhoLegal.com and is updated daily.

Who’s Who Legal is strategic research partner of the American Bar Association (ABA) Section of International Law. In 2012, Law Business Research – the parent company of Who’s Who Legal – was recognised for the second time by The Queen’s Award for Enterprise in the area of international trade. These awards are the most prestigious a British company can receive.

Commenting on the award, Bill Drummond, Managing Partner of Brodies, said: “We are very pleased that Who’s Who Legal continues to recognise our firm’s progress and our sustained investment in delivering high quality legal services that are relevant to our clients in Scotland, the UK and internationally. We are grateful to our clients for continuing to put their faith in us and to Who’s Who Legal and our peers in the legal profession for recognising Brodies as the stand-out law firm in Scotland for the sixth year running.”

Thorntons’ Employment Law team has announced the introduction of a new range of HR and Employment Law Support Packages designed to support the needs of SMEs.

Recognised for its employer-focused and practical advice, Thorntons’ Employment Law team has developed two packages that provide the right level of ongoing support employment law and HR support for a fixed monthly fee, bringing cost certainty to business’ legal and HR fees.

“Our Advice Line package gives an unlimited telephone advice line, where one of our specialist employment lawyers will be available to answer any employment related queries, 8.30am – 5.30pm, Monday to Friday,” said Thorntons employment partner Noele McClelland.

“We will strive to get to know our clients’ businesses to ensure our commercial advice is tailored to their precise needs, making this a genuinely bespoke service.”

Clients will also be provided with a comprehensive set of HR documents drafted by specialist lawyers – which will be accessible through an online client portal allowing documents to be accessed at any time – and will also be able to access employment law updates and bulletins.

The price of the Advice Line package starts from only £83 plus VAT per month for a business with up to 10 employees.

“In addition to everything included in the Advice Line, our HR Plus package gives clients a fully customised service with documents tailored to suit their business needs,” added Noele.

“We will undertake an audit of policies and procedures – together with training seminars and regular on-site meetings– to ensure that each business is compliant with current employment law.”

The prices of the HR Plus package starts from £100 per month for a business with up to 10 employees. With HR Plus, Thorntons can also offer the added protection of employment practices and Health & Safety insurance to provide cover in the event that businesses do face an employment claim.

Noele said: “These packages offer businesses access to legal advice without the worry of escalating legal fees. However our clients also benefit from the fact that advice and correspondence between a solicitor and a client is protected by legal advice privilege, where the main purpose is to seek legal advice. This is not an option for other non-lawyers or internal communications on HR matters, and gives added protection to our clients in relation to sensitive employment matters thereby avoiding the risk that it could be disclosed if an employee makes a subject access request under the Data Protection Act 1998.”

If you wish to enquire further about any of the packages available, or to enquire about the One Month Free Trial, please contact Noele, Employment Partner on 0131 225 8705 or nmcclelland@thorntons-law.co.uk.