24/1/25 pt1

 

  1. The DPA 2018 requires organisations to process personal data lawfully, transparently, and securely while upholding individuals' rights, and companies can comply by implementing robust data protection policies, minimising data collection, ensuring accuracy, and maintaining accountability through audits and records. 

  1. Non-compliance with the DPA 2018 can result in severe penalties, including fines of up to £17.5 million or 4% of global turnover, enforcement notices, reputational damage, and potential legal action from affected individuals. 

  1. The higher maximum penalty under the DPA 2018 is £17.5 million or 4% of global turnover, whichever is greater, for serious infringements such as breaching data protection principles or individuals' rights, while the standard maximum penalty is £8.7 million or 2% of global turnover, whichever is greater, for less severe breaches like administrative or procedural failures. 

 

  1. A data subject is any individual whose personal data is processed, and their rights under the DPA 2018 include access to their data, rectification, erasure, restriction of processing, data portability, and the right to object to certain types of processing. 

  1. Businesses must ensure marketing communications comply with data protection laws by obtaining explicit consent (opt-in) for direct marketing, providing clear options to withdraw consent (opt-out) at any time, and offering simple mechanisms like unsubscribe links or contacting customer support to manage preferences. 

 

  1. The Electronic Communications Privacy Act (ECPA) 1986 supports digital content by protecting electronic communications from unauthorised access or interception, while the CAN-SPAM Act 2003 ensures ethical use of digital content in marketing by setting rules for commercial emails, requiring transparency, and providing recipients with opt-out options. 

 

EHCR stands for the European Convention on Human Rights, protecting privacy and expression rights. 

Article 8 of the EHCR protects the right to privacy. 

 

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