GDPR Compliance Statement

What is the GDPR

The EU General Data Protection Regulation (“GDPR”) came into force across the European Union on 25^th May 2018 and brings with it the most significant changes to data protection law in two decades. Based on privacy by design and taking a risk-based approach, the GDPR has been designed to meet the requirements of the digital age.

The 21^st Century brings with it broader use of technology, new definitions of what constitutes personal data, and a vast increase in cross-border processing. The new Regulation aims to standardise data protection laws and processing across the EU; affording individuals stronger, more consistent rights to access and control their personal information.

1. SWS Coaching Commitment

SWS Coaching are committed to ensuring the security and protection of the personal information that we process, and to provide a compliant and consistent approach to data protection. We have always had a robust and effective data protection program in place which complies with existing law and abides by the data protection principles. However, we recognise our obligations in updating and expanding this program to meet the demands of the GDPR and the UK’s Data Protection Bill.

SWS Coaching are dedicated to safeguarding the personal information under our remit and in developing a data protection regime that is effective, fit for purpose and demonstrates an understanding of, and appreciation for the new Regulation. Our preparation and objectives for GDPR compliance have been summarised in this statement and include the development and implementation of new data protection roles, policies, procedures, controls and measures to ensure maximum and ongoing compliance.

SWS Coaching already have a consistent level of data protection and security across our organisation, however it is our aim to be fully compliant with the GDPR. Our preparation has included: –

Information Audit – carrying out a company-wide information audit to identify and assess what personal information we hold, where it comes from, how and why it is processed and if and to whom it is disclosed. This is captured in the departmental Data Resource Spreadsheet for each
Policies & Procedures – revising data protection policies and procedures to meet the requirements and standards of the GDPR and any relevant data protection laws, including:
Data Protection – our main policy and procedure document for data protection has been overhauled to meet the standards and requirements of the GDPR. Accountability and governance measures are in place to ensure that we understand and adequately disseminate and evidence our obligations and
Data Retention & Erasure – we are reviewing our retention policy and schedule to ensure that we meet the ‘data minimisation’ and ‘storage limitation’ principles and that personal information is stored, archived and destroyed compliantly and ethically. We have dedicated erasure procedures in place and are aware of when this and other data subject’s rights apply; along with any exemptions, response timeframes and notification responsibilitie
Data Breaches – our breach procedures ensure that we have safeguards and measures in place to identify, assess, investigate and report any personal data breach at the earliest possible time in line with ICO guidance
International Data Transfers & Third-Party Disclosures –SWS Coaching does not store or transfers personal information outside the EU, however for UK based organisations we have robust procedures and safeguarding measures in place to secure, encrypt and maintain the integrity of the data. We carry out strict due diligence checks with all recipients of personal data to assess and verify that they have appropriate safeguards in place to protect the information, ensure enforceable data subject rights and have effective legal remedies for data subjects where
Subject Access Request (SAR) – An employee has the right to access information kept about them by SWS Coaching LTD, including but not limited to: personnel files, sickness records, disciplinary or training records, appraisal or performance review notes, emails in which the employee is the focus of the email and documents that are about the employee. The HR Department is responsible for dealing with data subject access requests. We promise to accommodate the revised 30-day timeframe for providing the requested information, subject to the correct circumstances and are aware of the circumstances when we can extend the time limit to respond to a request. We also understand when to consider if a request includes information regarding others and any implications this may have.
Legal Basis for Processing – we are reviewing all processing activities to identify the legal basis for processing and ensuring that each basis is appropriate for the activity it relates to. Where applicable, we also maintain records of our processing activities, ensuring that our obligations under Article 30 of the GDPR and Schedule 1 of the Data Protection Bill are met. See below for a summary of processing activities:

Department	Purpose	Category of individuals	Category of personal data
Human Resources	Staff administration, fulfilment of contractual obligation, succession planning and staffing, correspondence to employees, legal compliance, monitoring information,	Employee data	Names, addresses, salary, bank details, pension details, occupational health details, case management, pension documentation, performance and rewards paper work, bonus information, sickness figures
Duty Management team	Fulfil the duty manager role	Employee data	Name, log in details, assets, assigned, names, locations, contact details
IS&T	Compliance with software licensing and organisational RSGs and to monitor usage of organisation assets and WIFI, updating of the directory, Cyber security monitoring	Employee data	Name, log in details, assets, assigned, names, locations, contact details
Project controls	Implementing timesheet procedure, allocating costs	Employee data	Name, resource number, tariff rate, contact details.
Commercial and contract management	Compliance with legal and contractual obligations in case of potential claim or legal dispute.	Employee and stakeholders	Names, addresses, contact numbers, legal access documents
National waste programme	Contractual fulfilment with suppliers, training compliance	Employees and Suppliers/ stakeholders	Names, contact details, email addresses, CVs, training records
Contractor validation	Compliance with organisational RSGs for external visitors, short term workers and contractors	Contractor/sub- contractor	Names, addresses, contact details, training records, pass applications
Waste Management Services	Contractual agreements, compliance with organizational policy and transport legislation, LLWR T&S policy	Contracted suppliers/ haulers, employees	Names, addresses, contact details (employees) Supplier details, driver name and licence details
Training	Contractual agreements, compliance Site licence condition compliance, SQEP evidence, compliance with organisational RSPs, succession planning, training attendance evidence	Employees Contractor	Names, resource ID, contact details.
Science and Engineering	Training records for compliance	Employees Contractors	Names, resource ID, contact details.
Security	Compliance with clearance process and Nuclear Safety procedures	Employees Contractors	Names, addresses, NI number, contact details, previous employees/ references, photographic ID, CCTV recording
Radiological protection	Compliance with HSE and organisational policy	Employees Contractors	Medical records, names, resource ID, contact details
Finance	Payroll activities	Employees ASWs	Name, bank details, address, tax codes, pension data (employee) Name, resource ID (ASW)
Generic line management	To fulfil line manager responsibilities	Staff, ASW, CSW, Contractor	Names, contact details, performance paperwork (staff only), ASW scope and rate of pay, training records, sickness absence

Privacy Notice/Policy – we are revising our Privacy Notice(s) to comply with the GDPR, ensuring that all individuals whose personal information we process have been informed of why we need it, how it is used, what their rights are, who the information is disclosed to and what safeguarding measures are in place to protect their
Obtaining Consent – we have revised our consent mechanisms for obtaining personal data, ensuring that individuals understand what they are providing, why and how we use it and giving clear, defined ways to consent to us processing their information. We have developed stringent processes for recording consent, making sure that we can evidence an affirmative opt-in, along with time and date records; and an easy to see and access way to withdraw consent at any

Direct Marketing –SWS Coaching do not provide any direct
Data Protection Impact Assessments (DPIA) – where we process personal information that is considered high risk, involves large scale processing or includes special category/criminal conviction data; we are revising our documentation processes that record each assessment, this will allow us to rate the risk posed by the processing activity and implement mitigating measures to reduce the risk posed to the data subject(s).
Processor Agreements – where we use any third-party to process personal information on our behalf (e. Payroll, Recruitment, hosting etc.), every care has been taken to ensure all parties are compliant with the GDPR and are aligned to SWS Coaching s ongoing commitment. These measures have included initial and ongoing reviews of the service provided, the necessity of the processing activity, the technical and organisational measures in place and compliance with the GDPR.
Special Categories Data – Special category data is only processed where necessary and is only processed where we have first identified the appropriate Article 9(2) basis or the Data Protection Bill Schedule 1 condition. Where we rely on consent for processing, this is explicit and is verified by a signature, or is provided directly by an employee with the right to modify or remove consent being clearly

2. Correction of data

SWS Coaching LTD has a system in place that enables employees to check their personal information on a regular basis so that they can correct, delete or update any data. If an employee becomes aware that SWS Coaching LTD holds any inaccurate, irrelevant or out-of-date information about them, they must notify the HR department immediately and provide any necessary corrections and/or updates to the information. The individual can also amend certain personal information themselves within People Management System. Aside from this annual information checks and workforce correspondence reviews are conducted regularly to assess the accuracy of the data held.

3. Monitoring

SWS Coaching LTD may monitor employees by various means including, but not limited to, recording employees’ activities on CCTV, checking emails, listening to voicemails and monitoring telephone conversations. If this is the case, SWS Coaching LTD will inform the employee that monitoring is taking place, how data is being collected, how the data will be securely processed and the purpose for which the data will be used. The employee will usually be entitled to be given any data that has been collected about him/her. SWS Coaching LTD will not retain such data for any longer than is necessary.

In exceptional circumstances, SWS Coaching LTD may use monitoring covertly. This may be appropriate where there is, or could potentially be, damage caused to SWS Coaching LTD by the activity being monitored and where the information cannot be obtained effectively by any non-intrusive means (for example, where an employee is suspected of stealing property belonging to SWS Coaching LTD). Covert monitoring will take place only with the approval of the Managing Director and Head of HR & Training.

4. Employees’ Obligations Regarding Personal Information

Employees whom handle person data must ensure that:

The information is accurate and up to date, insofar as it is practicable to do so;
The use of the information is necessary for a relevant purpose and that it is not kept longer than necessary; and
The information is
Uses password-protected and encrypted software for the transmission and receipt of emails;
Sends fax transmissions to a direct fax where possible and with a secure cover sheet; and
Locks files in a secure

Where information is disposed of, employees should ensure that it is destroyed. This may involve the permanent removal of the information from the server, so that it does not remain in an employee’s inbox or trash folder. Hard copies of information may need to be confidentially shredded.

Where an employee is required to disclose personal data to any other country, they must ensure first that there are adequate safeguards for the protection of data in the host country.

An employee must not take any personal information away from SWS Coaching LTD’s premises without the prior consent of the Head of HR & Training.

If an employee is in any doubt about what about what they may or may not do with personal information, they should seek advice from the HR Department

5. Consequences of Non-Compliance

All employees are under an obligation to ensure that they comply with the data protection principles when accessing, using or disposing of personal information. Failure to observe the data protection principles within this document may result in an employee incurring personal criminal liability. It may also result in disciplinary action up to and including dismissal.

6. Taking Employment Records off Site

An employee may take only certain employment records off site. These are documents relating to [disciplinary or grievance meetings that cannot be held on site/meetings with occupational health/discussions surrounding the sale of the business or specific monitoring purposes/seeking professional advice. Prior authorisation must be sought from the Head of HR and Training.

Any employee taking records off site must ensure that they do not leave their laptop, other device or any hard copies of employment records unattended. They must also take care when observing the information in hard copy or on-screen that such information is not viewed by anyone who is not legitimately privy to that information.

7. Loss of Data

SWS Coaching takes the privacy and security of individuals and their personal information very seriously and take every reasonable measure and precaution to protect and secure the personal data that we process. We have robust information security policies and procedures in place to protect personal information from unauthorised access, alteration, disclosure or destruction and have several layers of security measures, including:

Restricted access to files and folders, with a view of all personal data is accessed on a ‘need to know’ basis
Encryption software for sending personal data/special personal data
Explicit guidance regarding the security marking of such previously mentioned data
An appointed CISO (Chief Information Security Officer) to review SWS Coaching compliance and best practice surrounding all aspects of cyber security
Accountable for reporting any breaches to the SIRO (Senior Information Risk Owner)

However, should there be any incident occur where there is loss or potential loss of personal or special personal data, it should be reported to the SWS Coaching Data Controller immediately. If the Data Controller is unavailable, then the Deputy Data Controller should be sought and RSG 18.03_30 followed.

8. Compliance

General Data Protection Regulation 2018 Data Protection Act 1998

9. Definitions/Abbreviations

GDPR General Data Protection Regulation

ICO Information Commissioners Office

LLWR Low Level Waste Repository

RSG Repository Site Guidance

10. Supporting Information

RSG 18.03_30 – Reporting Personal Data Loss

11. Amendment Record

Issue 0 to Issue 1

Date	Section / Paragraph Amended	Amendment Details
March 2019	Whole document	First issue

GDPR Statement